Mr Price Group Ltd v Blue Falcon 188 Trading (Pty) Ltd (LM011Apr22) [2022] ZACT 32 (19 July 2022)
- Citation
- [2022] ZACT 32
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- I Valodia, A Ndoni, F Tregenna
- Case number
- LM011Apr22
More details
- Court
- Competition Tribunal
- Panel
- I Valodia, A Ndoni, F Tregenna
- Case number
- LM011Apr22
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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).
02
Material facts
Parties
Mr Price Group Ltd
ApplicantBlue Falcon 188 Trading (Pty) Ltd
Respondent03
Procedural history
Posture
Merger Application / Final Order
04
Questions and positions
Legal issues
- 01
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.
- 02
Whether any conditions should be attached to the approval of the merger.
Party arguments
- Applicant
- The applicant sought approval for the merger, submitting all required information and asserting that the transaction complies with the Competition Act and does not raise competition concerns.
- Respondent
- The respondent did not oppose the merger and provided all necessary documentation for the approval process.
05
Court’s reasoning
Legal principles
- 01
Competition Act 89 of 1998, section 16(2)
A merger may be approved if it does not substantially prevent or lessen competition, or if any identified concerns can be remedied by conditions.
- 02
Competition Act 89 of 1998, section 16(3)
The Tribunal may revoke approval if it was granted on the basis of incorrect information, deceit, or breach of obligations attached to the approval.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Tribunal retains the authority to revoke this approval if it is later found that incorrect information was provided, the approval was obtained by deceit, or any obligations attached to the approval are breached.
Court disposition
Merger approved without conditions.
- 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).
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.: LM011Apr22
In the matter between:
Mr Price Group Ltd
Primary Acquiring Firm
And
Blue Falcon 188 Trading (Pty) Ltd
Primary Target Firms
Panel: I Valodia (Presiding Member) A Ndoni (Tribunal Member) F Tregenna (Tribunal Member)
Heard on: 19 July 2022
Decided on: 19 July 2022
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).
Signed by:Imraan
Signed at:2022-07-19 12:06:00 +02:00
Reason:Witnessing Imraan
Presiding Member Prof. Imraan Valodia
19 July 2022 Date
Concurring: Ms Andiswa Ndoni and Prof. Fiona Tregenna
Merger Clearance Certificate
Date : 19 July 2022
To : Bowman Gilfillan Attorneys
You applied to the Competition Commission on 14 April 2022 for merger approval in accordance with Chapter 3 of the Competition Act.
After reviewing all relevant information, and the recommendation or decision of the Competition Commission, the Competition Tribunal
approves the merger in terms of section 16(2) of the Act, for the reasons set out in the Reasons for Decision.
This approval is subject to: no conditions. the conditions listed on the attached sheet.
The Competition Tribunal has the authority in terms of section 16(3) of the Competition Act to revoke this approval if
a) it was granted on the basis of incorrect information for which a party to the merger was responsible.
b) the approval was obtained by deceit.
c) a firm concerned has breached an obligation attached to this approval.
The Registrar, Competition Tribunal
This form is prescribed by the Minister of Trade and Industry in terms of section 27 (2) of the Competition Act 1998 (Act No. 89 of 1998).
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