CTP Ltd v The Business Which Manufactures Laminates for Bag-In-Box System, Which is Currently Operated by Amcor Flexibles South Africa (Pty) Ltd (LM010Apr22) [2022] ZACT 23 (21 July 2022)
- Citation
- [2022] ZACT 23
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- L Mncube, Y Carrim, T Vilakazi
- Case number
- LM010Apr22
More details
- Court
- Competition Tribunal
- Panel
- L Mncube, Y Carrim, T Vilakazi
- Case number
- LM010Apr22
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the merger notification was properly submitted and that the Competition Commission recommended approval. There was no evidence before the Tribunal that the proposed transaction would substantially prevent or lessen competition in any relevant market. The requirements of section 16(2)(a) of the Competition Act were satisfied, and no public interest concerns were raised. Accordingly, the Tribunal approved the merger and ordered the issuance of a Merger Clearance Certificate.
Court disposition
Merger approved; clearance certificate issued.
Orders
- The merger between CTP Ltd and the target business operated by Amcor Flexibles South Africa (Pty) Ltd 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
CTP Ltd
ApplicantThe Business Which Manufactures Laminates for Bag-In-Box System, Which is Currently Operated by Amcor Flexibles South Africa (Pty) Ltd
Respondent03
Procedural history
Posture
Merger Application / Final Determination
04
Questions and positions
Legal issues
- 01
Whether the proposed merger between CTP Ltd and the target business operated by Amcor Flexibles South Africa (Pty) Ltd should be approved under the Competition Act.
- 02
Whether the merger notification and clearance requirements under Chapter 3 of the Competition Act have been satisfied.
Party arguments
- Applicant
- The applicant submitted a merger notification to the Competition Commission, seeking approval for the acquisition of the business manufacturing laminates for the Bag-In-Box system, currently operated by Amcor Flexibles South Africa (Pty) Ltd. The applicant argued that the merger complies with the requirements of the Competition Act and does not substantially prevent or lessen competition.
- Respondent
- The respondent did not oppose the merger and complied with the notification process. No adverse submissions were made regarding the competitive effects of the transaction.
05
Court’s reasoning
Legal principles
- 01
Competition Act, 1998, section 16(2)(a)
A merger may be approved if it does not substantially prevent or lessen competition, or if any such effect can be justified on public interest grounds.
- 02
Competition Tribunal Rule 35(5)(a)
The Tribunal must issue a Merger Clearance Certificate upon approval of a merger in accordance with its rules.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the merger notification was properly submitted and that the Competition Commission recommended approval. There was no evidence before the Tribunal that the proposed transaction would substantially prevent or lessen competition in any relevant market. The requirements of section 16(2)(a) of the Competition Act were satisfied, and no public interest concerns were raised. Accordingly, the Tribunal approved the merger and ordered the issuance of a Merger Clearance Certificate.
Obiter and limits
- The Tribunal notes the efficiency of the merger notification and approval process in this matter.
- No third-party objections or concerns were raised during the proceedings.
Court disposition
Merger approved; clearance certificate issued.
- The merger between CTP Ltd and the target business operated by Amcor Flexibles South Africa (Pty) Ltd 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
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.: LM010Apr22
In the matter between:
CTP Ltd Primary Acquiring Firm
And
The Business Which Manufactures Laminates for
Bag-In-Box System, Which is Currently Operated by
Amcor Flexibles South Africa (Pty) Ltd Primary Target Firm
Panel: L Mncube (Presiding Member)
Y Carrim (Tribunal Member)
T Vilakazi (Tribunal Member)
Heard on: 21
July 2022
Decided on: 21
July 2022
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).
Date: 21 July 2022
Presiding Member: Professor Liberty Mncube
Concurring: Ms Yasmin Carrim and Dr. Thando Vilakazi
Merger Clearance Certificate
Date: 21 July 2022
To: Nortons Attorneys
Case Number: LM010Apr22
CTP Ltd And The Business Which Manufactures Laminates for Bag-In-Box System, Which is Currently Operated by Amcor Flexibles South Africa (Pty) Ltd
You applied to the Competition Commission on 19 April 2022 for merger approval in accordance with Chapter 3 of the Competition Act.
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