Dipula Income Fund Limited v Unlocked Properties 18 Proprietary Limited (LM159Feb20) [2020] ZACT 90 (25 March 2020)

Dipula Income Fund Limited v Unlocked Properties 18 Proprietary Limited (LM159Feb20) [2020] ZACT 90 (25 March 2020)

The Tribunal found that the proposed merger between Dipula Income Fund Limited and Unlocked Properties 18 Proprietary Limited does not raise any competition concerns and complies with the requirements of the Competition Act. The recommendation of the Competition Commission was accepted, and the merger was approved in terms of section 16(2)(a) of the Act. The Tribunal further ordered that a Merger Clearance Certificate be issued in accordance with Rule 35(5)(a) of the Competition Tribunal Rules.

Citation
[2020] ZACT 90
Parties
Applicant: Dipula Income Fund Limited; Respondent: Unlocked Properties 18 Proprietary Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
25 March 2020
Case Number
LM159Feb20
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved without conditions.
Judges
M Mazwai, Y Carrim, I Valodia
Legal Topics
Merger Clearance, Competition Act Section 16, Competition Act Section 14a
Competition Law Merger Clearance Competition Act Section 16 Competition Act Section 14a

Case Brief

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Parties

Dipula Income Fund Limited

Applicant

Unlocked Properties 18 Proprietary Limited

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between Dipula Income Fund Limited and Unlocked Properties 18 Proprietary Limited should be approved under the Competition Act.
  2. 2 Whether the merger raises any competition concerns under section 16(2)(a) of the Competition Act.

Ratio Decidendi

The Tribunal found that the proposed merger between Dipula Income Fund Limited and Unlocked Properties 18 Proprietary Limited does not raise any competition concerns and complies with the requirements of the Competition Act. The recommendation of the Competition Commission was accepted, and the merger was approved in terms of section 16(2)(a) of the Act. The Tribunal further ordered that a Merger Clearance Certificate be issued in accordance with Rule 35(5)(a) of the Competition Tribunal Rules.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Dipula Income Fund Limited and Unlocked Properties 18 Proprietary Limited 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).