Amdec Investments (Pty) Ltd v Competition Commission (016782) [2013] ZACT 50 (12 June 2013)

Amdec Investments (Pty) Ltd v Competition Commission (016782) [2013] ZACT 50 (12 June 2013)

The Tribunal found that, as the merger between Amdec Investments (Proprietary) Ltd and Leaf Property Fund Trust was abandoned and both parties agreed, the refund of the merger notification fee was warranted under the applicable Tribunal Rules. The order was made by agreement and in accordance with the procedural rules governing abandoned mergers and fee refunds.

Citation
[2013] ZACT 50
Parties
Applicant: Amdec Investments (Proprietary) Limited; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
12 June 2013
Case Number
016782
Procedural Posture
Stay Application / Order Issued After Application Under Rule 34(2)(b) and Rule 31(1)(f) by Agreement
Outcome
Application granted by agreement; refund of merger notification fee ordered.
Judges
N Manoim, A Ndoni, T Madima
Legal Topics
Merger Notification Fees, Refund of Fees, Abandoned Merger
Competition Law Merger Notification Fees Refund of Fees Abandoned Merger

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amdec Investments (Proprietary) Limited

Applicant

Competition Commission

Respondent

Procedural Posture

Stay Application / Order Issued After Application Under Rule 34(2)(b) and Rule 31(1)(f) by Agreement

Legal Issues

  1. 1 Whether the Competition Commission is required to refund the merger notification fee paid by the applicant for an abandoned merger.
  2. 2 Whether the refund is appropriate under the Competition Tribunal Rules given the circumstances of abandonment.

Ratio Decidendi

The Tribunal found that, as the merger between Amdec Investments (Proprietary) Ltd and Leaf Property Fund Trust was abandoned and both parties agreed, the refund of the merger notification fee was warranted under the applicable Tribunal Rules. The order was made by agreement and in accordance with the procedural rules governing abandoned mergers and fee refunds.

Court Disposition

Application granted by agreement; refund of merger notification fee ordered.

Orders

  • The Competition Commission must refund the applicant the amount of R 175 000.00 paid in respect of the abandoned merger between Amdec Investments (Proprietary) Ltd and Leaf Property Fund Trust.