Engie Global Development B.V. v Xina CSP South Africa (Pty) Ltd and Another (LM168Nov20) [2021] ZACT 84 (21 January 2021)
The Tribunal found that the proposed merger between Engie Global Development B.V. and the target firms does not raise any competition or public interest concerns. The Competition Commission recommended approval, and the Tribunal agreed that the requirements of section 16(2)(a) of the Competition Act were satisfied....
Source-derived case information.
- Citation
- [2021] ZACT 84
- Parties
- Applicant: Engie Global Development B.V.; Respondent: Xina CSP South Africa (Pty) Ltd; Respondent: Xina CSP Operation and Maintenance (Pty) Ltd
- Court
- Competition Tribunal
- Jurisdiction
- South Africa
- Case Number
- LM168Nov20
- Procedural Posture
- Merger Application / Final Determination
- Outcome
- Merger approved without conditions.
- Judges
- M Mazwai, E Daniels, T Vilakazi
- Legal Topics
- Merger Clearance, Competition Act Section 16, Merger Notification
Source-derived case record
Summary, issues, holding and outcome
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Parties
Engie Global Development B.V.
Applicant
Xina CSP South Africa (Pty) Ltd
Respondent
Xina CSP Operation and Maintenance (Pty) Ltd
Respondent
Procedural Posture
Merger Application / Final Determination
Legal Issues
- 1 Whether the proposed merger between Engie Global Development B.V. and Xina CSP South Africa (Pty) Ltd and Xina CSP Operation and Maintenance (Pty) Ltd should be approved under the Competition Act.
- 2 Whether the merger raises any competition or public interest concerns.
Ratio Decidendi
The Tribunal found that the proposed merger between Engie Global Development B.V. and the target firms does not raise any competition or public interest concerns. The Competition Commission recommended approval, and the Tribunal agreed that the requirements of section 16(2)(a) of the Competition Act were satisfied. Accordingly, the merger was approved and a Merger Clearance Certificate was ordered to be issued.
Court Disposition
Merger approved without conditions.
Orders
- The merger between Engie Global Development B.V. and Xina CSP South Africa (Pty) Ltd and Xina CSP Operation and Maintenance (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).
Full Case Text
Judgment text and source record
20 paragraphs
COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM168Nov20
In the matter between:
Engie Global Development B.V. Primary
Acquiring Firm
And
Xina CSP South Africa (Pty) Ltd and Xina CSP
Operation and Maintenance (Pty) Ltd Primary
Target Firm
Panel : M Mazwai (Presiding Member), E Daniels (Tribunal Panel Member), T Vilakazi (Tribunal Panel Member)
Heard on : 21 January 2021
Decided on : 21 January 2021
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 January 2021
Presiding Member
Ms Mondo Mazwai
Concurring: Mr Enver Daniels and Dr. Thando Vilakazi