Competition Commission v Life Healthcare Group (Proprietary) Limited and Another (FTN229Feb16) [2016] ZACT 26; [2016] 2 CPLR 647 (CT) (1 April 2016)
The Tribunal finds that the consent agreement and its addendum, as presented by the parties, are consistent with the requirements of the Competition Act and adequately address the competition concerns raised by the Commission. There is no opposition to the confirmation of the agreement, and the Tribunal is satisfied...
Source-derived case information.
- Citation
- [2016] ZACT 26
- Parties
- Applicant: Competition Commission; Respondent: Life Healthcare Group (Proprietary) Limited; Respondent: Joint Medical Holdings Limited
- Court
- Competition Tribunal
- Jurisdiction
- South Africa
- Case Number
- FTN229Feb16
- Procedural Posture
- Consent Order Application / Order Confirming Consent Agreement
- Outcome
- Consent agreement and addendum confirmed by the Tribunal.
- Judges
- N Manoim, F Tregenna, I Valodia
- Legal Topics
- Consent Agreement, Merger Control, Tribunal Confirmation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Competition Commission
Applicant
Life Healthcare Group (Proprietary) Limited
Respondent
Joint Medical Holdings Limited
Respondent
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Legal Issues
- 1 Whether the consent agreement between the Competition Commission and the respondents should be confirmed by the Tribunal.
Ratio Decidendi
The Tribunal finds that the consent agreement and its addendum, as presented by the parties, are consistent with the requirements of the Competition Act and adequately address the competition concerns raised by the Commission. There is no opposition to the confirmation of the agreement, and the Tribunal is satisfied that the terms are appropriate and lawful. Accordingly, the consent agreement and addendum are confirmed.
Court Disposition
Consent agreement and addendum confirmed by the Tribunal.
Orders
- The Tribunal confirms the consent agreement dated 04 February 2016, annexed as 'A', as agreed and proposed by the Competition Commission and Life Healthcare Group (Proprietary) Limited and Joint Medical Holdings Limited.
- The Tribunal confirms the addendum to the consent agreement dated 29 March 2016, annexed as 'B'.
Full Case Text
Judgment text and source record
27 paragraphs
COMPETITION TRIBUNAL
REPUBLIC OF SOUTH AFRICA
Case No: FTN229Feb16
In the matter between:
The Competition Commission
Applicant
and
Life Healthcare Group (Proprietary) Limited
First Respondent
Joint Medical Holdings Limted Second Respondent
Panel
: N Manoim (Presiding Member)
F Tregenna (Tribunal Member)
I Valodia (Tribunal Member)
Heard on
: 17 February 2016
Last Submission Received : 29 March 2016
Decided on
: 01 April 2016
ORDER
The Tribunal hereby confirms the consent agreement, annexed hereto and marked "A" dated 04 February 2016 as agreed to and proposed by the Competition Commission and Life Healthcare Group (Proprietary) Limited and Joint Me ical Holdings Limited annexed hereto marked "A" and the addendum thereto arked annexure "B" dated 29 March 2016.
01 April 2016
Date
_____________________
Presiding Member
Mr. N Manoim
Concurring: Prof Fiona Tregenna and Prof I Valodia