Mr Price Group Ltd v Blue Falcon 188 Trading (Pty) Ltd (LM011Apr22) [2022] ZACT 32 (19 July 2022)

Mr Price Group Ltd v Blue Falcon 188 Trading (Pty) Ltd (LM011Apr22) [2022] ZACT 32 (19 July 2022)

The Tribunal considered the recommendation of the Competition Commission and all relevant information submitted by the parties. It found that the merger does not raise competition concerns and that there is no basis for attaching conditions to the approval. Accordingly, the merger is approved in terms of section 16(2)(a) of the Competition Act, and a Merger Clearance Certificate is issued.

Citation
[2022] ZACT 32
Parties
Applicant: Mr Price Group Ltd; Respondent: Blue Falcon 188 Trading (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
19 July 2022
Case Number
LM011Apr22
Procedural Posture
Merger Application / Final Order
Outcome
Merger approved without conditions.
Judges
I Valodia, A Ndoni, F Tregenna
Legal Topics
Merger Clearance, Section 16 Approval, Competition Act 1998
Competition Law Merger Clearance Section 16 Approval Competition Act 1998

Case Brief

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Parties

Mr Price Group Ltd

Applicant

Blue Falcon 188 Trading (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Final Order

Legal Issues

  1. 1 Whether the proposed merger between Mr Price Group Ltd and Blue Falcon 188 Trading (Pty) Ltd should be approved under section 16(2)(a) of the Competition Act.
  2. 2 Whether any conditions should be attached to the approval of the merger.

Ratio Decidendi

The Tribunal considered the recommendation of the Competition Commission and all relevant information submitted by the parties. It found that the merger does not raise competition concerns and that there is no basis for attaching conditions to the approval. Accordingly, the merger is approved in terms of section 16(2)(a) of the Competition Act, and a Merger Clearance Certificate is issued.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Mr Price Group Ltd and Blue Falcon 188 Trading (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).