K2022877768 (South Africa) (Pty) Ltd v Sants Private Higher Education Institution (Pty) Ltd (LM199Mar23) [2023] ZACT 66 (22 May 2023)
The Tribunal, acting on the recommendation of the Competition Commission, found that the proposed merger does not raise competition concerns and complies with the requirements of the Competition Act. Accordingly, the merger is approved under section 16(2)(a) and a Merger Clearance Certificate is to be issued.
Source-derived case information.
- Citation
- [2023] ZACT 66
- Parties
- Applicant: K2022877768 (South Africa) (Pty) Ltd; Respondent: Sants Private Higher Education Institution (Pty) Ltd
- Court
- Competition Tribunal
- Jurisdiction
- South Africa
- Case Number
- LM199Mar23
- Procedural Posture
- Merger Control / Merger Approval Order
- Outcome
- Merger approved and clearance certificate ordered.
- Judges
- T Ngcukaitobi, F Tregenna, T Vilakazi
- Legal Topics
- Merger Control, Competition Act Section 16, Merger Clearance Certificate
Source-derived case record
Summary, issues, holding and outcome
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Parties
K2022877768 (South Africa) (Pty) Ltd
Applicant
Sants Private Higher Education Institution (Pty) Ltd
Respondent
Procedural Posture
Merger Control / Merger Approval Order
Legal Issues
- 1 Whether the proposed merger between the acquiring and target firms should be approved under section 16(2)(a) of the Competition Act.
- 2 Whether a Merger Clearance Certificate should be issued in terms of Competition Tribunal Rule 35(5)(a).
Ratio Decidendi
The Tribunal, acting on the recommendation of the Competition Commission, found that the proposed merger does not raise competition concerns and complies with the requirements of the Competition Act. Accordingly, the merger is approved under section 16(2)(a) and a Merger Clearance Certificate is to be issued.
Court Disposition
Merger approved and clearance certificate ordered.
Orders
- The merger between K2022877768 (South Africa) (Pty) Ltd and Sants Private Higher Education Institution (Pty) Ltd 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).
Full Case Text
Judgment text and source record
22 paragraphs
COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM199Mar23
In the matter between:
K2022877768 (South Africa) (Pty) Ltd Primary
Acquiring Firms
And
Sants Private Higher Education
Institution (Pty) Ltd Primary
Target Firm
Panel: T Ngcukaitobi (Presiding Member)
F Tregenna (Tribunal Member)
T Vilakazi (Tribunal Member)
Heard on: 22 May 2023
Decided on: 22 May 2023
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).
Presiding Member
Adv. Tembeka Ngcukaitobi SC
Concurring: Prof. Fiona Tregenna and Dr. Thando Vilakazi
Date: 22 May 2023