The Fair Competition Tribunal (FCT) lamented the ‘mischief prevailing in the market’ in a ruling nullifying the Fair Competition Commission (FCC)’s approval of Scancem International’s planned acquisition of a 68% stake in Tanga Cement, dated 28 February 2023. The Citizen newspaper has reported that the FCT granted the parties leave to apply for a review of its earlier decision of 23 September 2022, in which it initially rejected the attempted deal. In its latest judgment, the tribunal drew on principles from South African law to show that companies should be able to submit a new application within one year of rejection, provided there is a ‘substantial change’ of circumstances or market dynamics. The court added that no blame lay with the parties for having lodged their second attempted merger notification within such a timeframe.
