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South Africa Order

Competition Tribunal

Competition Commission v Seriti New Largo (Pty) Ltd and Another (LM157Dec21/EXT002Apr22) [2022] ZACT 95 (21 April 2022)

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Source document

01

Holding and result

The Tribunal found that the Competition Commission had complied with the requirements of section 14A(2) of the Competition Act and Rule 31 of the Tribunal Rules in its application for extension. There was no opposition from the respondents, and the Tribunal was satisfied that the extension was justified to allow the Commission to complete its investigation into the large merger. Accordingly, the application for extension was granted until 09 May 2022, and an extension certificate was issued in terms of section 14A of the Act.

Court disposition

Extension of the merger investigation period granted.

Orders

  • The application for extension is granted until 09 May 2022.
  • An extension certificate is issued in terms of section 14A of the Competition Act.

02

Material facts

Parties

Competition Commission

Applicant

Seriti New Largo (Pty) Ltd

Respondent

New Largo Coal (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Extension Application / Order on Extension Application

04

Questions and positions

Legal issues

Whether the Competition Commission's application for extension of the merger investigation period under section 14A(2) of the Competition Act should be granted.

Party arguments

Applicant
The Competition Commission applied for an extension of the time period for investigating the large merger involving New Largo Coal (Pty) Ltd, relying on section 14A(2) of the Competition Act and Rule 31 of the Tribunal Rules. The Commission argued that additional time was required to complete its investigation and requested the Tribunal to grant the extension and issue the necessary certificate.
Respondent
The respondents did not oppose the application for extension and made no substantive submissions against the granting of the extension certificate.

05

Court’s reasoning

  1. 01

    Competition Act No 89 of 1998

    Section 14A(2) of the Competition Act empowers the Tribunal to extend the period for investigation of a large merger upon application by the Competition Commission.

  2. 02

    Competition Tribunal Rules

    Rule 31 of the Competition Tribunal Rules provides the procedural framework for applications for extension of time periods.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the Competition Commission had complied with the requirements of section 14A(2) of the Competition Act and Rule 31 of the Tribunal Rules in its application for extension. There was no opposition from the respondents, and the Tribunal was satisfied that the extension was justified to allow the Commission to complete its investigation into the large merger. Accordingly, the application for extension was granted until 09 May 2022, and an extension certificate was issued in terms of section 14A of the Act.

Court disposition

Extension of the merger investigation period granted.

  • The application for extension is granted until 09 May 2022.
  • An extension certificate is issued in terms of section 14A of the Competition Act.

Source and reliance status

Competition Tribunal

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Judgment reading view

Judgment text

The complete available source text.

Source document

Competition Tribunal

Order

[2022] ZACT 95

COMPETITION

TRIBUNAL OF SOUTH AFRICA

Case No.: LM157Dec21/EXT002Apr22

In the matter between:

COMPETITION COMMISSION Applicant

and

SERITI NEW LARGO (PTY) LTD Primary

Acquiring Firm

NEW LARGO COAL (PTY) LTD Primary

Target Firm

In re the large merger involving:

NEW LARGO COAL (PTY) LTD Primary

Target Firm

Panel: M Mazwai (Presiding Member)

Heard on: 20 April 2022

Order Issued on: 21 April 2022

ORDER:

EXTENSION

APPLICATION

Having heard the parties regarding an application by the Competition Commission in terms of section 14A(2) of the Competition Act No 89 of 1998, as amended (“Act”), read with Rule 31 of the Competition Tribunal Rules for an extension of the time period for the investigation of the above matter, the Tribunal orders the following:

1. The application is granted until 09 May 2022.

2. An extension certificate is issued in terms of section 14A of the Act.

Date: 21 April 2022

Presiding Member

Ms Mondo Mazwai

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 No 89 of 1998

Legislation

Legislation referenced in the available case record.

Competition Tribunal Rules

Legislation

Legislation referenced in the available case record.

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