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)

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)

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.

Citation
[2022] ZACT 23
Parties
Applicant: CTP Ltd; Respondent: The Business Which Manufactures Laminates for Bag-In-Box System, Which is Currently Operated by Amcor Flexibles South Africa (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
21 July 2022
Case Number
LM010Apr22
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved; clearance certificate issued.
Judges
L Mncube, Y Carrim, T Vilakazi
Legal Topics
Merger Clearance, Competition Act Section 16, Merger Notification, Tribunal Approval
Competition Law Merger Clearance Competition Act Section 16 Merger Notification Tribunal Approval

Case Brief

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Parties

CTP Ltd

Applicant

The Business Which Manufactures Laminates for Bag-In-Box System, Which is Currently Operated by Amcor Flexibles South Africa (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 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.
  2. 2 Whether the merger notification and clearance requirements under Chapter 3 of the Competition Act have been satisfied.

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.

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).