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South Africa Order

Competition Tribunal

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

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Source document

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

Applicant

Big Box Retail Fund Proprietary Limited

Respondent

03

Procedural history

  1. Posture

    Merger Application / Final Determination

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment text

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Source document

Competition Tribunal

Order

[2024] ZACT 20

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act, 1998

Legislation

Legislation referenced in the available case record.

Competition Tribunal Rules

Legislation

Legislation referenced in the available case record.

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