Ndalamo Coal (Pty) Ltd v Mbokodo Mining (Pty) Ltd (LM007Apr24) [2024] ZACT 30 (24 June 2024)
- Citation
- [2024] ZACT 30
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- M Mazwai, L Mncube, I Valodia
- Case number
- LM007Apr24
More details
- Court
- Competition Tribunal
- Panel
- M Mazwai, L Mncube, I Valodia
- Case number
- LM007Apr24
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the proposed merger between Ndalamo Coal (Pty) Ltd and Mbokodo Mining (Pty) Ltd does not raise competition concerns and complies with the requirements of the Competition Act. The merger was recommended for approval by the Competition Commission, and no evidence was presented to suggest any adverse effects on competition or public interest. Accordingly, the Tribunal approved the merger and ordered the issuance of a Merger Clearance Certificate.
Court disposition
Merger approved and Merger Clearance Certificate ordered.
Orders
- The merger between Ndalamo Coal (Pty) Ltd and Mbokodo Mining (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
Ndalamo Coal (Pty) Ltd
ApplicantMbokodo Mining (Pty) Ltd
Respondent03
Procedural history
Posture
Merger Application / Final Determination
04
Questions and positions
Legal issues
- 01
Whether the proposed merger between Ndalamo Coal (Pty) Ltd and Mbokodo Mining (Pty) Ltd should be approved under the Competition Act.
- 02
Whether a Merger Clearance Certificate should be issued in terms of Tribunal Rule 35(5)(a).
Party arguments
- Applicant
- The applicant submitted that the merger meets all requirements under the Competition Act and does not substantially prevent or lessen competition in any relevant market. The parties requested approval and issuance of a Merger Clearance Certificate.
- Respondent
- The respondent did not oppose the merger and concurred with the applicant's submissions regarding compliance with the Competition Act and the absence of competition concerns.
05
Court’s reasoning
Legal principles
- 01
Competition Act, 1998, section 16(2)(a)
A merger may be approved if it does not substantially prevent or lessen competition, and if it is justified on public interest grounds.
- 02
Competition Tribunal Rule 35(5)(a)
The Tribunal must 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 Ndalamo Coal (Pty) Ltd and Mbokodo Mining (Pty) Ltd does not raise competition concerns and complies with the requirements of the Competition Act. The merger was recommended for approval by the Competition Commission, and no evidence was presented to suggest any adverse effects on competition or public interest. Accordingly, the Tribunal approved the merger and ordered the issuance of a Merger Clearance Certificate.
Court disposition
Merger approved and Merger Clearance Certificate ordered.
- The merger between Ndalamo Coal (Pty) Ltd and Mbokodo Mining (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.
Competition Tribunal
Order
COMPETITION
TRIBUNAL REPUBLIC OF SOUTH AFRICA
Case No.: LM007Apr24
In the matter between: Ndalamo Coal (Pty) Ltd Primary Acquiring Firm And Mbokodo Mining (Pty) Ltd Primary Target Firm
Panel: M Mazwai (Presiding Member) L Mncube (Tribunal Member) I Valodia (Tribunal Member) Heard on: 21 June 2024 Decided on: 24 June 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 24 June 2024 Ms Mondo Mazwai Date
Concurring: Prof. Liberty Mncube and Prof. lmraan Valodia
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