General Atlantic Partners, LP v Actis Holdings S.A.L.R (Luxembourg) (LM002Apr24) [2024] ZACT 29 (4 July 2024)

General Atlantic Partners, LP v Actis Holdings S.A.L.R (Luxembourg) (LM002Apr24) [2024] ZACT 29 (4 July 2024)

The Tribunal found that the proposed merger does not raise competition concerns and will not have a negative impact on public interest. The Competition Commission recommended approval, and no objections were raised. Accordingly, the merger is approved under section 16(2)(a) of the Competition Act, and a Merger Clearance Certificate is to be issued.

Citation
[2024] ZACT 29
Parties
Applicant: General Atlantic Partners, LP; Respondent: Actis Holdings S.A.L.R (Luxembourg)
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
4 July 2024
Case Number
LM002Apr24
Procedural Posture
Merger Control / Final Determination
Outcome
Merger approved; Merger Clearance Certificate to be issued.
Judges
M Mazwai, A Kessery, T Vilakazi
Legal Topics
Merger Control, Competition Act Section 16, Merger Clearance Certificate
Competition Law Merger Control Competition Act Section 16 Merger Clearance Certificate

Case Brief

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Parties

General Atlantic Partners, LP

Applicant

Actis Holdings S.A.L.R (Luxembourg)

Respondent

Procedural Posture

Merger Control / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between General Atlantic Partners, LP and Actis Holdings S.A.L.R (Luxembourg) should be approved under section 16(2)(a) of the Competition Act.
  2. 2 Whether a Merger Clearance Certificate should be issued in terms of Competition Tribunal Rule 35(5)(a).

Ratio Decidendi

The Tribunal found that the proposed merger does not raise competition concerns and will not have a negative impact on public interest. The Competition Commission recommended approval, and no objections were raised. Accordingly, the merger is approved under section 16(2)(a) of the Competition Act, and a Merger Clearance Certificate is to be issued.

Court Disposition

Merger approved; Merger Clearance Certificate to be issued.

Orders

  • The merger between General Atlantic Partners, LP and Actis Holdings S.A.L.R (Luxembourg) 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).