Competition Commission v Seriti New Largo (Pty) Ltd and Another (LM157Dec21/EXT002Apr22) [2022] ZACT 95 (21 April 2022)
- Citation
- [2022] ZACT 95
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- M Mazwai
- Case number
- LM157Dec21/EXT002Apr22
More details
- Court
- Competition Tribunal
- Panel
- M Mazwai
- Case number
- LM157Dec21/EXT002Apr22
On this page
Professional case brief
Research organized from the available case record
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
ApplicantSeriti New Largo (Pty) Ltd
RespondentNew Largo Coal (Pty) Ltd
Respondent03
Procedural history
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Competition Tribunal
Order
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
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