Anglo Ashanti Ltd v First Uranium (Pty) Ltd (25/LM/Mar12) [2012] ZACT 48 (5 July 2012)

Anglo Ashanti Ltd v First Uranium (Pty) Ltd (25/LM/Mar12) [2012] ZACT 48 (5 July 2012)

The Tribunal found that the merger between Anglo Ashanti Limited and First Uranium (Pty) Ltd would not substantially prevent or lessen competition in the global markets for gold and uranium production and supply, as the combined market shares remain low. There were no significant public interest issues identified. Accordingly, the Tribunal approved the transaction unconditionally.

Citation
[2012] ZACT 48
Parties
Applicant: Anglo Ashanti Limited; Respondent: First Uranium (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
5 July 2012
Case Number
25/LM/Mar12
Procedural Posture
Merger Application / Approval
Outcome
Merger approved unconditionally.
Judges
Y Carrim, A Ndoni, M Mokuena
Legal Topics
Merger Control, Market Share Analysis, Public Interest, Horizontal Overlap
Competition Law Commercial and Corporate Merger Control Market Share Analysis Public Interest Horizontal Overlap

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Parties

Anglo Ashanti Limited

Applicant

First Uranium (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Approval

Legal Issues

  1. 1 Whether the proposed merger between Anglo Ashanti Limited and First Uranium (Pty) Ltd is likely to substantially prevent or lessen competition in the relevant markets.
  2. 2 Whether there are any significant public interest concerns arising from the transaction.

Ratio Decidendi

The Tribunal found that the merger between Anglo Ashanti Limited and First Uranium (Pty) Ltd would not substantially prevent or lessen competition in the global markets for gold and uranium production and supply, as the combined market shares remain low. There were no significant public interest issues identified. Accordingly, the Tribunal approved the transaction unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The merger between Anglo Ashanti Limited and First Uranium (Pty) Ltd is approved without conditions.