The Coca-Cola Company and Coca-Cola Beverages And CC

The judgment

The court's own file

COMPETITION TRIBUNAL OF SOUTH AFRICA Case No: LM021Apr17/VAR010Apr20 In the matter between:COCA-COLA BEVERAGES SOUTH AFRICA (PTY) LTD COCA-COLA BEVERAGES AFRICA (PTY) LTD First Applicant Second Applicant And COMPETITION COMMISSION OF SOUTH AFRICAFirst Respondent MINISTER OF TRADE AND INDUSTRYSecond RespondentFOOD AND ALLIED WORKERS UNIONThird RespondentNATIONAL UNION OF FOOD BEVERAGE WINE SPIRITS AND ALLIED WORKERS Fourth RespondentPanel:Y Carrim (Presiding Member)A Ndoni (Tribunal Member) I Valodia (Tribunal Member)Heard on:6 May 2020Order Issued on:8 May 2020 ORDER: APPLICATION FOR VARIATION OF MERGER CONDITIONS On application by Coca-Cola Beverages South Africa (Pty) Ltd and Coca-Cola Beverages Africa (Pty) Ltd, the Tribunal orders the following: 1. The conditions attached to the Tribunal’s orders issued on 10 May 2016 under case number LM243Mar15 are varied as follows: 1.1. The second sentence of Clause 11.1 of the confidential conditions is varied by the insertion of the following at the end of the sentence: “save that the employee share ownership scheme (ESOP) referred to in clause 4.2 of the Union Agreements shall only be required to be implemented on or before 24 July 2020.” 2. The conditions attached to the Tribunal’s orders issued on 27 September 2017 under case number LM021Apr17 are varied as follows: 2.1. The first sentence of clause 4.5 of the conditions is varied to read as follows: “The commitment to implement the ESOP as part of the B-BBEE Transaction by 24 July 2020 remains binding and will be honoured by the Merging Parties.” 3. There is no order as to costs. _____________________ Ms Yasmin Carrim Date Ms Andiswa Ndoni and Prof. Imraan Valodia concurring.