Impala Platinum Holdings Limited v Royal Bafokeng Platinum Limited (LM156Dec21) [2022] ZACT 49 (16 November 2022)

Impala Platinum Holdings Limited v Royal Bafokeng Platinum Limited (LM156Dec21) [2022] ZACT 49 (16 November 2022)

The Tribunal considered the recommendation of the Competition Commission and all relevant information submitted by the parties. It found that the proposed merger between Impala Platinum Holdings Limited and Royal Bafokeng Platinum Limited did not raise competition concerns and complied with the requirements of the Competition Act. The Tribunal approved the merger in terms of section 16(2)(b) of the Act and ordered that a Merger Clearance Certificate be issued. No conditions were attached to the approval.

Citation
[2022] ZACT 49
Parties
Applicant: Impala Platinum Holdings Limited; Respondent: Royal Bafokeng Platinum Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
16 November 2022
Case Number
LM156Dec21
Procedural Posture
Merger Application / Final Order
Outcome
Merger approved without conditions.
Judges
Y Carrim, A Ndoni, I Valodia
Legal Topics
Merger Clearance, Section 16 Competition Act, Competition Tribunal Procedure
Competition Law Merger Clearance Section 16 Competition Act Competition Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Impala Platinum Holdings Limited

Applicant

Royal Bafokeng Platinum Limited

Respondent

Procedural Posture

Merger Application / Final Order

Legal Issues

  1. 1 Whether the proposed merger between Impala Platinum Holdings Limited and Royal Bafokeng Platinum Limited should be approved under section 16(2)(b) of the Competition Act.
  2. 2 Whether any conditions should be attached to the approval of the merger.

Ratio Decidendi

The Tribunal considered the recommendation of the Competition Commission and all relevant information submitted by the parties. It found that the proposed merger between Impala Platinum Holdings Limited and Royal Bafokeng Platinum Limited did not raise competition concerns and complied with the requirements of the Competition Act. The Tribunal approved the merger in terms of section 16(2)(b) of the Act and ordered that a Merger Clearance Certificate be issued. No conditions were attached to the approval.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Impala Platinum Holdings Limited and Royal Bafokeng Platinum Limited is approved in terms of section 16(2)(b) of the Competition Act.
  • A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).