K2012150042 (South Africa) Proprietary Limited v Big Box Retail Fund Proprietary Limited (LM071Jul24) [2024] ZACT 20 (23 August 2024)
- Citation
- [2024] ZACT 20
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- A Kessery, G Budlender, I Valodia
- Case number
- LM071Jul24
More details
- Court
- Competition Tribunal
- Panel
- A Kessery, G Budlender, I Valodia
- Case number
- LM071Jul24
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 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).
02
Material facts
Parties
K2012150042 (South Africa) Proprietary Limited
ApplicantBig Box Retail Fund Proprietary Limited
Respondent03
Procedural history
Posture
Merger Application / Final Determination
04
Questions and positions
Legal issues
- 01
Whether the proposed merger between the applicant and respondent should be approved under section 16(2)(a) of the Competition Act.
- 02
Whether a Merger Clearance Certificate should be issued in terms of Competition Tribunal Rule 35(5)(a).
Party arguments
- Applicant
- The applicant submitted that the proposed merger complies with the requirements of the Competition Act and does not substantially prevent or lessen competition in any relevant market. The applicant requested approval of the merger and the issuance of a Merger Clearance Certificate.
- Respondent
- The respondent did not oppose the merger and concurred with the applicant's submissions, agreeing that the transaction meets the statutory requirements for approval under the Competition Act.
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 may 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 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.
- 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).
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
REPUBLIC
OF SOUTH AFRICA
Case No.: LM071Jul24
In the matter between: K2012150042 (South Africa) Proprietary Limited Primary Acquiring Firm And Big Box Retail Fund Proprietary Limited Primary Target Firm
Panel: A Kessery (Presiding Member) G Budlender (Tribunal Member) I Valodia (Tribunal Member) Heard on: 23 August 2024 Decided on: 23 August 2024
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).
Signed by:Anisa Kessery
Signed at:2024-08-23 12:01:12 +02:00
Reason:Witnessing Anisa Kessery
Presiding Member
Adv. Anisa Kessery
23 August 2024
Date
Concurring: Adv. Geoff Budlender SC and Prof. Imraan Valodia
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.