Masimo Ventures (Pty) Ltd and Another v CBD Residency (Pty) Ltd and Another (LM033May24) [2024] ZACT 28 (4 July 2024)

Masimo Ventures (Pty) Ltd and Another v CBD Residency (Pty) Ltd and Another (LM033May24) [2024] ZACT 28 (4 July 2024)

The Tribunal found that the proposed merger between the parties does not raise competition concerns and complies with the requirements of the Competition Act. There was no evidence of substantial prevention or lessening of competition, nor any adverse public interest effects. Accordingly, the Tribunal approved the merger in terms of section 16(2)(a) and ordered the issuance of a Merger Clearance Certificate under Rule 35(5)(a).

Citation
[2024] ZACT 28
Parties
Applicant: Masimo Ventures (Pty) Ltd; Applicant: Mr Conrad Dana Kgwadi; Respondent: CBD Residency (Pty) Ltd; Respondent: CBD Residency 2 (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
4 July 2024
Case Number
LM033May24
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved and Merger Clearance Certificate ordered.
Judges
A Wessels, G Budlender, I Valodia
Legal Topics
Merger Clearance, Competition Act Section 16, Competition Tribunal Procedure
Competition Law Merger Clearance Competition Act Section 16 Competition Tribunal Procedure

Case Brief

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Parties

Masimo Ventures (Pty) Ltd

Applicant

Mr Conrad Dana Kgwadi

Applicant

CBD Residency (Pty) Ltd

Respondent

CBD Residency 2 (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between Masimo Ventures (Pty) Ltd, Mr Conrad Dana Kgwadi, CBD Residency (Pty) Ltd, and CBD Residency 2 (Pty) Ltd should be approved under section 16(2)(a) of the Competition Act.
  2. 2 Whether a Merger Clearance Certificate should be issued in terms of Competition Tribunal Rule 35(5)(a).

Ratio Decidendi

The Tribunal found that the proposed merger between the parties does not raise competition concerns and complies with the requirements of the Competition Act. There was no evidence of substantial prevention or lessening of competition, nor any adverse public interest effects. Accordingly, the Tribunal approved the merger in terms of section 16(2)(a) and ordered the issuance of a Merger Clearance Certificate under Rule 35(5)(a).

Court Disposition

Merger approved and Merger Clearance Certificate ordered.

Orders

  • The merger between Masimo Ventures (Pty) Ltd, Mr Conrad Dana Kgwadi, CBD Residency (Pty) Ltd, and CBD Residency 2 (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).