K2021134577 (South Africa) (Pty) Ltd v Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa (LM191Mar22) [2022] ZACT 21; [2022] 2 CPLR 34 (CT) (27 July 2022)

K2021134577 (South Africa) (Pty) Ltd v Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa (LM191Mar22) [2022] ZACT 21; [2022] 2 CPLR 34 (CT) (27 July 2022)

The Tribunal found that the proposed merger between K2021134577 (South Africa) (Pty) Ltd and Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa does not raise competition or public interest concerns under the Competition Act. The Tribunal accepted the recommendation of the Competition Commission and approved the merger subject to the conditions set out in Annexure A. The approval is conditional upon compliance with the attached conditions, and the Tribunal retains the authority to revoke approval if the conditions are breached or if the approval was obtained by deceit or incorrect information. The merger clearance certificate is issued in accordance with...

Citation
[2022] ZACT 21
Parties
Applicant: K2021134577 (South Africa) (Pty) Ltd; Respondent: Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
27 July 2022
Case Number
LM191Mar22
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved subject to conditions.
Judges
L Mncube, Y Carrim, T Vilakazi
Legal Topics
Merger Control, Competition Act 1998, Clearance Certificate, Conditions of Approval
Competition Law Merger Control Competition Act 1998 Clearance Certificate Conditions of Approval

Case Brief

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Parties

K2021134577 (South Africa) (Pty) Ltd

Applicant

Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between K2021134577 (South Africa) (Pty) Ltd and Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa should be approved under the Competition Act.
  2. 2 Whether any conditions should be attached to the approval of the merger.

Ratio Decidendi

The Tribunal found that the proposed merger between K2021134577 (South Africa) (Pty) Ltd and Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa does not raise competition or public interest concerns under the Competition Act. The Tribunal accepted the recommendation of the Competition Commission and approved the merger subject to the conditions set out in Annexure A. The approval is conditional upon compliance with the attached conditions, and the Tribunal retains the authority to revoke approval if the conditions are breached or if the approval was obtained by deceit or incorrect information. The merger clearance certificate is issued in accordance with...

Court Disposition

Merger approved subject to conditions.

Orders

  • The merger between K2021134577 (South Africa) (Pty) Ltd and Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa is approved in terms of section 16(2)(b) of the Competition Act, subject to the conditions attached as Annexure A.
  • A Merger Clearance Certificate is to be issued in terms of Competition Tribunal rule 35(5)(a).