Amdec Investments (Pty) Ltd v Competition Commission (016782) [2013] ZACT 50 (12 June 2013)
- Citation
- [2013] ZACT 50
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- N Manoim, A Ndoni, T Madima
- Case number
- 016782
More details
- Court
- Competition Tribunal
- Panel
- N Manoim, A Ndoni, T Madima
- Case number
- 016782
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Amdec Investments (Proprietary) Limited
ApplicantCompetition Commission
RespondentAmounts and remedies
- Refunded Merger Notification Fee: ZAR 175,000
03
Procedural history
Posture
Stay Application / Order Issued After Application Under Rule 34(2)(b) and Rule 31(1)(f) by Agreement
04
Questions and positions
Legal issues
- 01
Whether the Competition Commission is required to refund the merger notification fee paid by the applicant for an abandoned merger.
- 02
Whether the refund is appropriate under the Competition Tribunal Rules given the circumstances of abandonment.
Party arguments
- Applicant
- The applicant submitted that the merger between Amdec Investments (Proprietary) Ltd and Leaf Property Fund Trust was abandoned and, in terms of the Tribunal Rules, the merger notification fee paid should be refunded.
- Respondent
- The Competition Commission agreed to the refund of the merger notification fee paid by the applicant for the abandoned merger, as provided for under the relevant Tribunal Rules.
05
Court’s reasoning
Legal principles
- 01
Rule 34(2)(b) and Rule 31(1)(f) of the Rules for the Conduct of Proceedings in the Competition Tribunal
Where a merger is abandoned, the Tribunal may order the refund of the merger notification fee paid, in accordance with Rule 34(2)(b) and Rule 31(1)(f) of the Rules for the Conduct of Proceedings in the Competition Tribunal.
06
Ratio, limits and disposition
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.
- 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.
Source and reliance status
Competition Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Competition Tribunal
Order
COMPETITION TRIBUNAL
OF SOUTH AFRICA
Case No.: 016782
In the matter between:
Amdec Investments (Proprietary) Limited
And
The Competition Commission
Panel N Manoim (Presiding Member), A Ndoni (Tribunal Member) and T Madima (Tribunal Member)
Heard on 12 June 2013
Decided on 12 June 2013
ORDER
Further to the application by the Applicant in terms of Rule 34(2)(b) of the Rules for the conduct of Proceedings in the Competition Commission and in accordance with Rule 31(1)(f) of the Rules for the Conduct of Proceedings in the Competition Tribunal and by agreement between the Applicant and the Competition Commission, the Competition Tribunal orders that -
1. The Commission refund the Applicant the amount of R 175 000.00(one hundred and seventy five thousand rands) paid in respect of the abandoned merger between Amdec Investments (Proprietary) Ltd and Leaf Property Fund Trust
Presiding Member
N Manoim
Concurring: M Mazwai and N Ndoni
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