Agile Capital Four (Pty) Ltd v Averge Technologies (Pty) Ltd (LM133Nov19) [2020] ZACT 80 (29 January 2020)

Agile Capital Four (Pty) Ltd v Averge Technologies (Pty) Ltd (LM133Nov19) [2020] ZACT 80 (29 January 2020)

The Tribunal found that the proposed transaction does not result in any market overlaps or competition concerns, as the merging parties do not provide substitutable services and have no business relationship. Furthermore, there are no public interest concerns arising from the transaction. The Tribunal concluded that the transaction is unlikely to substantially prevent or lessen competition in any market in South Africa and approved the transaction unconditionally.

Citation
[2020] ZACT 80
Parties
Applicant: Agile Capital Four (Pty) Ltd; Respondent: Averge Technologies (Pty) Ltd; Respondent: K.2019302693 (South Africa) (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 January 2020
Case Number
LM133Nov19
Procedural Posture
Merger Control / Approval
Outcome
The proposed transaction is approved unconditionally.
Judges
Y Carrim, A Ndoni, H Cheadle
Legal Topics
Merger Control, Minority Protections, Public Interest, Market Overlap
Competition Law Merger Control Minority Protections Public Interest Market Overlap

Case Brief

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Parties

Agile Capital Four (Pty) Ltd

Applicant

Averge Technologies (Pty) Ltd

Respondent

K.2019302693 (South Africa) (Pty) Ltd

Respondent

Procedural Posture

Merger Control / Approval

Legal Issues

  1. 1 Whether the proposed transaction will substantially prevent or lessen competition in any market in South Africa.
  2. 2 Whether the transaction raises any public interest concerns.

Ratio Decidendi

The Tribunal found that the proposed transaction does not result in any market overlaps or competition concerns, as the merging parties do not provide substitutable services and have no business relationship. Furthermore, there are no public interest concerns arising from the transaction. The Tribunal concluded that the transaction is unlikely to substantially prevent or lessen competition in any market in South Africa and approved the transaction unconditionally.

Court Disposition

The proposed transaction is approved unconditionally.

Orders

  • The proposed transaction is approved unconditionally.