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South Africa Order

Competition Tribunal

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

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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).

02

Material facts

Parties

Masimo Ventures (Pty) Ltd

Applicant

Mr Conrad Dana Kgwadi

Applicant

CBD Residency (Pty) Ltd

Respondent

CBD Residency 2 (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Merger Application / Final Determination

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants submitted that the merger meets the requirements of the Competition Act and does not substantially prevent or lessen competition in any relevant market. They argued that the transaction would not result in negative public interest effects and requested approval and issuance of a clearance certificate.
Respondent
The respondents did not oppose the merger and confirmed that the transaction complies with the provisions of the Competition Act. They supported the issuance of a Merger Clearance Certificate.

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 is outweighed by public interest considerations.

  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 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.

  • 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).

Source and reliance status

Competition Tribunal

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Judgment reading view

Judgment text

The complete available source text.

Source document

Competition Tribunal

Order

[2024] ZACT 28

COMPETITION

TRIBUNAL REPUBLIC OF SOUTH AFRICA

Case No.: LM033May24

In the matter between: Masimo Ventures (Pty) Ltd and Mr Conrad Primary Acquiring Firms Dana Kgwadi And CBD Residency (Pty) Ltd and CBD Residency 2 (Pty) Ltd Primary Target Firms

Panel A Wessels (Presiding Member) G Budlender (Tribunal Member) I Valodia (Tribunal Member) Heard on: 04 July 2024 Decided on: 04 July 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).

Presiding Member

04 July 2024

Mr Andreas Wessels

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 Rule 35(5)(a)

Legislation

Legislation referenced in the available case record.

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