The verdict - delivered on Friday, 14 October 2011 - came after a three-week hearing in which the tribunal heard evidence from several factual and expert witnesses about the potential impact of the deal on the maize seed market in SA, including the potential effects of the merger on small and subsistence farmers.
In terms of the proposed tie-up, Pioneer would acquire control of Pannar. They are the second and third largest maize seed producers and suppliers in SA, respectively.
The only other significant player in this market is Monsanto SA. Thus the proposed merger would reduce the number of players in this market from three to two, the tribunal noted.
The Competition Commission, which had initially assessed the intermediate merger, prohibited the transaction in December 2010 on the basis that it would substantially lessen competition in the local maize seed market.
Pioneer intended to expand the two businesses' existing SA research capabilities, making SA one of Pioneer's major research hubs outside the United States in addition to existing hubs in Brazil, China and India.
The research hubs were intended to help stimulate a transfer of skills and technology to SA, with benefits to farmers and consumers throughout Africa. The partnership allows Pannar access to Pioneer's complementary plant genetics and advanced breeding technologies.
Meanwhile, the companies expressed disappointment in the latest decision, saying: "We will be studying the detail of the decision and will decide on any future action."
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