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South Africa Order

Competition Tribunal

Attacq Waterfall Investment Company (Pty) Ltd v 20% Undivided Share held by ATT MOA 20 (Pty) Ltd in Mall of Africa (LM026May24) [2024] ZACT 25 (25 June 2024)

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Source document

01

Holding and result

The Tribunal found that the proposed merger does not raise any competition concerns and will not substantially prevent or lessen competition in any relevant market. No public interest issues were identified that would justify prohibiting or imposing conditions on the transaction. The merger therefore meets the requirements for approval under section 16(2)(a) of the Competition Act, and a Merger Clearance Certificate must be issued in accordance with Tribunal Rule 35(5)(a).

Court disposition

Merger approved without conditions.

Orders

  • The merger between Attacq Waterfall Investment Company (Pty) Ltd and the 20% undivided share held by ATT MOA 20 (Pty) Ltd in Mall of Africa is approved in terms of section 16(2)(a) of the Competition Act.
  • A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).

02

Material facts

Parties

Attacq Waterfall Investment Company (Pty) Ltd

Applicant

ATT MOA 20 (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Merger Application / Final Determination

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant submitted that the acquisition of the 20% undivided share in Mall of Africa would not substantially prevent or lessen competition in any relevant market. The transaction is unlikely to result in any negative public interest effects and complies with the requirements of the Competition Act.
Respondent
The respondent did not oppose the merger and confirmed that the transaction would not adversely affect competition or public interest. The respondent supported the approval of the merger without conditions.

05

Court’s reasoning

  1. 01

    Competition Act, 1998, section 16(2)(a)

    A merger may be approved if it is unlikely to substantially prevent or lessen competition, or if any such effect can be justified on public interest grounds.

  2. 02

    Competition Tribunal Rule 35(5)(a)

    The Tribunal must issue a Merger Clearance Certificate if the merger is approved without conditions.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the proposed merger does not raise any competition concerns and will not substantially prevent or lessen competition in any relevant market. No public interest issues were identified that would justify prohibiting or imposing conditions on the transaction. The merger therefore meets the requirements for approval under section 16(2)(a) of the Competition Act, and a Merger Clearance Certificate must be issued in accordance with Tribunal Rule 35(5)(a).

Court disposition

Merger approved without conditions.

  • The merger between Attacq Waterfall Investment Company (Pty) Ltd and the 20% undivided share held by ATT MOA 20 (Pty) Ltd in Mall of Africa is approved in terms of section 16(2)(a) of the Competition Act.
  • A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).

Source and reliance status

Competition Tribunal

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Judgment text

The complete available source text.

Source document

Competition Tribunal

Order

[2024] ZACT 25

COMPETITION

TRIBUNAL REPUBLIC OF SOUTH AFRICA

Case No.: LM026May24

In the matter between: Attacq Waterfall Investment Company (Pty) Ltd Primary Acquiring Firm And The 20% undivided share held by ATT MOA 20 (Pty) Ltd in Mall of Africa Primary Target Firm

Panel: L Mncube (Presiding Member)

G Budlender (Tribunal Member)

T Vilakazi (Tribunal Member)

Heard on: 25 June 2024

Decided on: 25 June 2024

ORDER

Further to the recommendation of the Competition Commission in terms of section 14A(1)(b) of the Competition Act, 1998 (“the Act”) the Competition Tribunal orders that–

1.

the merger between the abovementioned parties be approved in terms of section 16(2)(a) of the Act; and

2.

a Merger Clearance Certificate be issued in terms of Competition Tribunal Rule 35(5)(a).

Signed by:Liberty Mncube

Signed at:2024-06-25 18:07:46 +02:00

Reason:Witnessing Liberty Mncube

Presiding Member

25 June 2024

Prof Liberty Mncube

Date

Concurring: Adv Geoff Budlender SC and Prof Thando Vilakazi

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act, 1998

Legislation

Legislation referenced in the available case record.

Competition Tribunal Rules

Legislation

Legislation referenced in the available case record.

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