Mystic Blue Trading 62 (Pty) Ltd v Rhino Group (35/LM/Apr11) [2011] ZACT 112 (20 December 2011)

Mystic Blue Trading 62 (Pty) Ltd v Rhino Group (35/LM/Apr11) [2011] ZACT 112 (20 December 2011)

The Tribunal found that the merger between Mystic Blue Trading 62 (Pty) Ltd and the Rhino Group does not substantially prevent or lessen competition in the relevant market. The approval is subject to the conditions set out in Annexure A, as recommended by the Competition Commission. The Tribunal further ordered that a Merger Clearance Certificate be issued in accordance with the applicable rules.

Citation
[2011] ZACT 112
Parties
Applicant: Mystic Blue Trading 62 (Pty) Ltd; Respondent: The Rhino Group
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
20 December 2011
Case Number
35/LM/Apr11
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved subject to conditions.
Judges
N Manoim, Y Carrim, A Wessels
Legal Topics
Merger Clearance, Competition Act Section 16, Merger Conditions
Competition Law Merger Clearance Competition Act Section 16 Merger Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mystic Blue Trading 62 (Pty) Ltd

Applicant

The Rhino Group

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between Mystic Blue Trading 62 (Pty) Ltd and the Rhino Group should be approved under the Competition Act.
  2. 2 Whether any conditions should be imposed on the approval of the merger.

Ratio Decidendi

The Tribunal found that the merger between Mystic Blue Trading 62 (Pty) Ltd and the Rhino Group does not substantially prevent or lessen competition in the relevant market. The approval is subject to the conditions set out in Annexure A, as recommended by the Competition Commission. The Tribunal further ordered that a Merger Clearance Certificate be issued in accordance with the applicable rules.

Court Disposition

Merger approved subject to conditions.

Orders

  • The merger between Mystic Blue Trading 62 (Pty) Ltd and the Rhino Group is approved subject to the conditions set out in Annexure A.
  • A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).