Competition: Acquisition – Issued Share Capital

Acting as Kerry Ingredients and Season to Season Flavour Manufacturing Proprietary Limited’s (“Season to Season”) lead competition law advisor in all aspects relating to the acquisition by Kerry Ingredients of the entire issued share capital of Season to Season.
Given the economic growth in Africa together with the need for quality products, this strategic transaction allowed Kerry Ingredients to expand its manufacturing and sales capabilities in South Africa and Season to Season to gain access to the largely untapped African market by partnering with a Kerry Ingredients who are experienced in doing business in the rest of the African continent.
Based on the foreign direct investment into South Africa and Season to Season, Kerry Ingredients now constitutes the number two player in the South African market for snack seasoning. The market concentration that resulted from the transaction resulted in an in-depth investigation by the Competition Commission and various innovative submissions had to be made with regard to the appropriate market definition applicable in the current circumstances. Concerns were raised with regard to foreclosure going forward and the Werksmans team succeeded in obtaining unconditional approval of the transaction. Post the transaction, Kerry Ingredients has expanded their business in South Africa and the African continent exponentially.