A few more details have emerged about Cell C’s planned recapitalisation, with the Competition Commission on Thursday saying it has given its conditional approval for an entity called Gatsby SPV to acquire “certain aspects” of the mobile operator.

Gatsby SPV, the commission said in a statement, is a “ring-fenced, newly incorporated special purpose vehicle which was incorporated for the sole purpose of entering into the proposed transaction”.

“Gatsby SPV will be controlled by a trust that is yet to be formed. The sole purpose of the trust will be to hold the entire issued share capital of Gatsby SPV and therefore does not provide any services or products.”

The commission said the proposed transaction is “unlikely to result in a substantial prevention or lessening of competition in any relevant markets”.

“The commission further found that the proposed transaction does not raise any other public interest concerns.”

However, it said the merging parties are “currently not in a position to confirm who will be appointed as trustees”.

“Therefore, the commission believes that the proposed transaction may raise competition concerns. These include, among others, anticompetitive information exchange should the trustees include individuals from firms that compete with Cell C or present undisclosed competitive overlaps.”

Not considered

These concerns were not considered in the assessment of the proposed transaction because the trustees have not yet been appointed, the commission said.

“To remedy this potential risk, the commission recommends that the proposed transaction be approved subject to conditions that Gatsby SPV and/or the trust will not be owned or controlled by companies that compete or may compete with Cell C or firms that have a customer-supplier relationship with Cell C (other than a lending relationship).” — © 2020 NewsCentral Media

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