Business Day

Tribunal to hear Distell case

- Siseko Njobeni Industrial Writer njobenis@businessli­ve.co.za

Listed beverage company Distell has hauled the world’s largest brewer, AB InBev, and SABMiller before the Competitio­n Tribunal for allegedly breaching conditions for the 2016 merger between the two companies.

Listed beverage company Distell has hauled the world’s largest brewer, AB InBev, and SABMiller before the Competitio­n Tribunal for allegedly breaching conditions for the 2016 merger between the two companies.

The tribunal, which is due to hear the matter on Thursday, conditiona­lly approved the merger between AB InBev and SABMiller in June 2016.

Distell owner of the Amarula, Savanna and Hunter’s Dry brands had participat­ed in the hearing at the time and made substantia­l submission­s about conditions that were ultimately imposed on the merger.

The tribunal said the Stellenbos­ch-based Distell recently approached the Competitio­n Commission on the alleged breach of conditions, claiming, among others, that the merged entity removed competitor­s’ advertisin­g material from outlets. The commission found that the conditions had not been breached.

INVESTIGAT­ION

“Distell is now asking the tribunal to review and set aside the commission’s finding and for a full investigat­ion to be conducted. In the event that the tribunal does not find that the conditions were breached, Distell is asking that the tribunal provides guidance on the proper interpreta­tion of the conditions,” the tribunal said.

The tribunal said SABMiller had argued that Distell’s complaint is an attempt to restrict competitio­n and is unrelated to the merger conditions. “The company says that the complaints have no merit and should be dismissed,” it said.

In December 2016, AB InBev sold its 26.4% interest in Distell to the Public Investment Corporatio­n, as part of the conditions for the approval of the merger with SABMiller.

As part of the conditions in SA, AB InBev owner of Corona and Stella Artois agreed to create a R1bn fund that will support the SA beer industry.

Other than SA, the 2016 merger had to pass competitio­n hurdles in a number of jurisdicti­ons such as the EU, Australia, India, Botswana, Kenya, Chile and Mexico.

Newspapers in English

Newspapers from South Africa