K2022877768 (South Africa) (Pty) Ltd v Sants Private Higher Education Institution (Pty) Ltd (LM199Mar23) [2023] ZACT 66 (22 May 2023)
- Citation
- [2023] ZACT 66
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- T Ngcukaitobi, F Tregenna, T Vilakazi
- Case number
- LM199Mar23
More details
- Court
- Competition Tribunal
- Panel
- T Ngcukaitobi, F Tregenna, T Vilakazi
- Case number
- LM199Mar23
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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).
02
Material facts
Parties
K2022877768 (South Africa) (Pty) Ltd
ApplicantSants Private Higher Education Institution (Pty) Ltd
Respondent03
Procedural history
Posture
Merger Control / Merger Approval Order
04
Questions and positions
Legal issues
- 01
Whether the proposed merger between the acquiring and target firms 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 sought approval for the merger, submitting that the transaction complies with the requirements of the Competition Act and does not substantially prevent or lessen competition.
- Respondent
- The respondent did not oppose the merger and accepted the recommendation of the Competition Commission for approval.
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 negative effects are outweighed by public interest considerations.
- 02
Competition Tribunal Rule 35(5)(a)
The Tribunal must issue a Merger Clearance Certificate upon approval of a merger.
06
Ratio, limits and disposition
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.
- 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).
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 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
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.