K2012150042 (South Africa) Proprietary Limited v Big Box Retail Fund Proprietary Limited (LM071Jul24) [2024] ZACT 20 (23 August 2024)

K2012150042 (South Africa) Proprietary Limited v Big Box Retail Fund Proprietary Limited (LM071Jul24) [2024] ZACT 20 (23 August 2024)

The Tribunal found that the proposed merger between K2012150042 (South Africa) Proprietary Limited and Big Box Retail Fund Proprietary Limited meets the requirements of section 16(2)(a) of the Competition Act, as it does not substantially prevent or lessen competition in any relevant market. The Competition...

Source-derived case information.

Citation
[2024] ZACT 20
Parties
Applicant: K2012150042 (South Africa) Proprietary Limited; Respondent: Big Box Retail Fund Proprietary Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
23 August 2024
Case Number
LM071Jul24
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved; Merger Clearance Certificate to be issued.
Judges
A Kessery, G Budlender, I Valodia
Legal Topics
Merger Clearance, Competition Act Section 16, Competition Tribunal Rule 35
Competition Law Merger Clearance Competition Act Section 16 Competition Tribunal Rule 35

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Summary, issues, holding and outcome

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Parties

K2012150042 (South Africa) Proprietary Limited

Applicant

Big Box Retail Fund Proprietary Limited

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between the applicant and respondent 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 between K2012150042 (South Africa) Proprietary Limited and Big Box Retail Fund Proprietary Limited meets the requirements of section 16(2)(a) of the Competition Act, as it does not substantially prevent or lessen competition in any relevant market. The Competition Commission recommended approval, and there were no objections or concerns raised by the parties. Accordingly, the Tribunal approved the merger and ordered the issuance of a Merger Clearance Certificate in terms of Rule 35(5)(a).

Court Disposition

Merger approved; Merger Clearance Certificate to be issued.

Orders

  • The merger between K2012150042 (South Africa) Proprietary Limited and Big Box Retail Fund 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).