The Competition and Fair Trading Commission (“the Commission”) is a Government agency established under the Competition and Fair Trading Act, Cap 48:09 of the Laws of Malawi. The Commission is mandated to regulate, monitor, control and prevent acts or conducts which are likely to adversely affect competition and fair trading in Malawi.
In pursuance of this mandate, the Commission, among other functions, is charged with the responsibility to regulate mergers and acquisitions. Accordingly, the Commission assesses merger transactions upon application by parties to establish impact of the same on competition in the relevant markets and the economy of Malawi. The Commission may approve, disapprove or approve with conditions depending on the findings made during its assessments.
Pursuant to Section 36 of the Competition and Fair Trading Act, the Secretariat of the Commission has received a notification regarding the proposed acquisition of the transfer of 50% ownership of acquisition of shares of Safal Group in Safintra by Bharat Savjani (the “Acquirer” or “Bharat”), and together referred to as the “Parties”.
In accordance with Section 37 of the CFTA, the Secretariat of the Commission has launched investigations to assess the likely effect of the transaction on competition in the relevant markets and the economy of Malawi.
According to the information submitted by the parties, the acquirer Bharat Savjani holds 50% shares in Safintra. Safintra is a Malawian company with its registered head office located at plot No. NY319, Makata industrial area, P.O.BOX 388, Blantyre. Safintra is registered under the companies Act, Cap 46:03 of the laws of Malawi. Safintra is a manufacturer of corrugated roof sheeting and IBR profiles, with the widest range of roofing sheets and steel products. The parties have submitted that the proposed transaction entails Bharat Savjani’s acquisition of 50% owner shares in Safintra from the Safal group. Consequently, Bharat Savjani will assume sole ownership of SAFINTRA with a total of 100% shares.
In view of the foregoing, we kindly request the general public to provide information regarding the proposed transaction. Specifically, the Secretariat of the Commission will be grateful to receive information on the following:
- Competitors to Safintra;
- Market share estimates of the Parties to the transaction as compared to their competitors;
- Ease of entry/exit from/into the market in which they operate in;
- Levels of imports in the relevant market in which they operate in;
- The likelihood that the transaction would result in the parties’ having dominant market power in this market;
- Likelihood of Countervailing power by either competitors or consumers;
- Probable public interest concerns;
- Probable efficiencies that the transaction will generate on the markets and the economy for the benefit of consumers;
- Whether the transaction should be approved or not by the Commission, and your reasons for the same;
- Any other relevant information regarding the transaction.
Please, take note that the requested information will assist the Commission in establishing the impact of the proposed transaction on competition and the economy of Malawi. You may further note that all the information that you will submit shall be treated with the strictest confidentiality; and will be used solely for the purpose of this inquiry.
The Secretariat of the Commission will be grateful to receive your feedback at your earliest convenience but preferably not later than Friday, 28th June, 2024. If you need clarifications or further details concerning any aspect of this Public Notice, please, contact our Public Relations Officer Mr. Innocent Helema on phone number +265 880 725 075 or call our Toll-free line 2489 or email address innocent.helema@cftc.mw or competitioncommission@cftc.mw.
Lloyds Vincent Nkhoma
EXECUTIVE DIRECTOR