South Africa: Tribunal could alter Walmart conditions

The conditions agreed to by Walmart and Massmart as part of the Competition Tribunal’s conditional approval of their merger could be abandoned if the case has to be reheard by the tribunal. This is just one of the possible outcomes of what is increasingly being seen as a high-risk attempt by three government departments to extract additional concessions from Walmart and Massmart. Not only might the country lose the commitments that have been made by the merging parties but it is possible that Walmart could approach the US government and in turn the World Trade Organisation (WTO) if it is put under unacceptable levels of pressure to agree to additional commitments.