An application by three ministers to have the decision of the Competition Tribunal set aside has been rejected by the Competition Appeals Court. This is a great step forward in getting Walmart to South Africa. The merger was approved by the Competition Tribunal last year.

It’s not all smooth sailing ahead though – the court also upheld an appeal by SACCAWU which was made against the order of the tribunal. The court stated that the 503 Massmart employees that were retrenched had to be reinstated. It has also ordered that a study must be commissioned by a panel of at least three experts, as to the best means to incorporate South African small and medium sized suppliers into the “Walmart Global Value Chain” to ensure that the merger will have a positive effect on the South African economy.

The experts must be comprised of a representative from SACCAWU, a representative of the ministers of economic development, trade and industry and agriculture, forestry and fisheries, and the merging parties. The report will have to be presented to the court within three months.

[Source: TimesLIVE]