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Fri 11 Feb 2011, 12:00 THEE - The Competition Commission - Competition Tribunal approves casino
JSE
THEE                                                                            
THEE - The Competition Commission - Competition Tribunal approves casino        
merger unconditionally                                                          
COMPETITION TRIBUNAL APPROVES CASINO MERGER UNCONDITIONALLY                     
(Following is a guideline for journalists. The information can be used but      
please do not quote Nandi Mokoena or the Tribunal)                              
Today the Competition Tribunal unconditionally approved the proposed merger     
between Tsogo Sun and Gold Reef Resorts. This decision follows an 8-day         
hearing in which the Competition Commission recommended the approval of this    
merger subject to the condition that the merged entity sell-off Silverstar      
Casino in order to maintain competition in the Gauteng casino gaming market.    
Tsogo Sun and Gold Reef, however, argued that competition would not be          
lessened by the merger and so it was not necessary to divest from Silverstar.   
Background                                                                      
Tsogo Sun and Gold Reef Resorts are both national casino operators and          
through this transaction Tsogo Sun will acquire Gold Reef Resorts. Tsogo Sun    
is involved in the hotel and gaming markets and has various casinos located     
all around the country including Montecasino in Johannesburg, Gauteng. Gold     
Reef Resorts also has various interests in the casino gaming industry in        
South Africa. In Gauteng, Gold Reef Resorts owns Gold Reef City and             
Silverstar Casino located in Johannesburg South and Krugersdorp respectively.   
The Commission assessed the merger in order to determine if it would            
substantially lessen competition in the casino gaming market, if approved.      
According to the Commission, while the merger presented no significant          
concerns in the rest of South Africa, the merger would lessen competition       
within the Gauteng casino market. The Commission alleged that Silverstar, in    
particular, offered a competitive alternative to Montecasino and the merger     
would lead to the elimination of Silverstar as a competitor. The Commission     
submitted that, in the absence of effective competition, this would give the    
new merged entity an incentive to raise prices or degrade its product           
offering after the merger.                                                      
The Commission therefore recommended that the Tribunal approve the merger       
between Tsogo Sun and Gold Reef Resorts on condition that Tsogo Sun sell off    
Silverstar Casino.                                                              
The merging parties, however, were of the view that casinos drew customers      
from their own local catchment areas and therefore didn`t compete with each     
other. Accordingly the merging parties did not believe the merger would         
result in a lessening of competition and they opposed the proposed              
divestiture of Silverstar.                                                      
During the course of the hearing, which took place over 8 days from 6           
December to 9 February, the Tribunal heard evidence from witnesses from the     
Commission, the merging parties, rival casino companies and economic experts.   
Having considered these arguments, the Tribunal decided to approve the merger   
without any conditions. In order to allow the merging parties to meet certain   
commercial deadlines, the Tribunal issued its decision in this case earlier     
today. At a later stage the Tribunal will provide reasons for its finding.      
Issued By:                                                                      
Nandi Mokoena                                                                   
PR Consultant: Competition Tribunal                                             
Cell: +27 (0) 82 399 1328                                                       
E-mail: NandisileM@live.co.za                                                   
On Behalf Of:                                                                   
Lerato Motaung                                                                  
Registrar: Competition Tribunal                                                 
Tel: (012) 394 3355                                                             
Cell: +27 (0) 82 556 3221                                                       
E-Mail: LeratoM@comptrib.co.za                                                  
Date: 11/02/2011 12:00:09 Produced by the JSE SENS Department.                  
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