Aquarius Platinum SA (Pty) Ltd v Blue Ridge Platinum (Pty) Ltd (49/LM/JUN11) [2011] ZACT 64 (1 September 2011)

Aquarius Platinum SA (Pty) Ltd v Blue Ridge Platinum (Pty) Ltd (49/LM/JUN11) [2011] ZACT 64 (1 September 2011)

The Tribunal found that the proposed merger between Aquarius Platinum SA (Pty) Ltd and Blue Ridge Platinum (Pty) Ltd would not result in a substantial prevention or lessening of competition in the relevant PGM market. The post-merger market share would not exceed 9% in any relevant market, and there are several significant competitors present. The transaction does not raise any public interest concerns, including employment losses. The Tribunal agreed with the Commission's findings and approved the merger unconditionally.

Citation
[2011] ZACT 64
Parties
Applicant: Aquarius Platinum SA (Pty) Ltd; Respondent: Blue Ridge Platinum (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
1 September 2011
Case Number
49/LM/JUN11
Procedural Posture
Large Merger Application / Approval
Outcome
Merger approved unconditionally.
Judges
Norman Manoim, Yasmin Carrim, Andreas Wessels
Legal Topics
Large Merger, Market Definition, Public Interest, Substantial Prevention or Lessening of Competition
Competition Law Commercial and Corporate Large Merger Market Definition Public Interest Substantial Prevention or Lessening of Competition

Case Brief

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Parties

Aquarius Platinum SA (Pty) Ltd

Applicant

Blue Ridge Platinum (Pty) Ltd

Respondent

Procedural Posture

Large Merger Application / Approval

Legal Issues

  1. 1 Whether the proposed merger will result in a substantial prevention or lessening of competition in the relevant PGM market.
  2. 2 Whether the transaction raises any public interest concerns, including employment losses.

Ratio Decidendi

The Tribunal found that the proposed merger between Aquarius Platinum SA (Pty) Ltd and Blue Ridge Platinum (Pty) Ltd would not result in a substantial prevention or lessening of competition in the relevant PGM market. The post-merger market share would not exceed 9% in any relevant market, and there are several significant competitors present. The transaction does not raise any public interest concerns, including employment losses. The Tribunal agreed with the Commission's findings and approved the merger unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The large merger between Aquarius Platinum SA (Pty) Ltd and Blue Ridge Platinum (Pty) Ltd is approved without conditions.