Engie Global Development B.V. v Xina CSP South Africa (Pty) Ltd and Another (LM168Nov20) [2021] ZACT 84 (21 January 2021)
- Citation
- [2021] ZACT 84
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- M Mazwai, E Daniels, T Vilakazi
- Case number
- LM168Nov20
More details
- Court
- Competition Tribunal
- Panel
- M Mazwai, E Daniels, T Vilakazi
- Case number
- LM168Nov20
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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).
02
Material facts
Parties
Engie Global Development B.V.
ApplicantXina CSP South Africa (Pty) Ltd
RespondentXina CSP Operation and Maintenance (Pty) Ltd
Respondent03
Procedural history
Posture
Merger Application / Final Determination
04
Questions and positions
Legal issues
- 01
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.
- 02
Whether the merger raises any competition or public interest concerns.
Party arguments
- Applicant
- The applicant submitted that the merger does not substantially prevent or lessen competition in any relevant market and does not raise public interest concerns. The parties requested approval and issuance of a Merger Clearance Certificate.
- Respondent
- The respondents did not oppose the merger and concurred with the applicant's submissions regarding the absence of competition or public interest concerns.
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.
06
Ratio, limits and disposition
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.
- 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).
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.: 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
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