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

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

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.

Citation
[2022] ZACT 95
Parties
Applicant: Competition Commission; Respondent: Seriti New Largo (Pty) Ltd; Respondent: New Largo Coal (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
21 April 2022
Case Number
LM157Dec21/EXT002Apr22
Procedural Posture
Extension Application / Order on Extension Application
Outcome
Extension of the merger investigation period granted.
Judges
M Mazwai
Legal Topics
Merger Investigation Period Extension, Section 14a Application, Tribunal Procedure
Competition Law Merger Investigation Period Extension Section 14a Application Tribunal Procedure

Case Brief

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Parties

Competition Commission

Applicant

Seriti New Largo (Pty) Ltd

Respondent

New Largo Coal (Pty) Ltd

Respondent

Procedural Posture

Extension Application / Order on Extension Application

Legal Issues

  1. 1 Whether the Competition Commission's application for extension of the merger investigation period under section 14A(2) of the Competition Act should be granted.

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.

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.