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South Africa Order

Competition Tribunal

Nedbank Limited v Erf Sandown Proprietary Limited (LM058Aug21) [2021] ZACT 97 (27 September 2021)

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Source document

01

Holding and result

The Tribunal found that the merger notification complied with the requirements of the Competition Act and that the proposed transaction does not raise competition concerns. The recommendation of the Competition Commission was accepted, and the merger was approved in terms of section 16(2)(a). The Tribunal further ordered the issuance of a Merger Clearance Certificate in accordance with rule 35(5)(a).

Court disposition

Merger approved and Merger Clearance Certificate ordered.

Orders

  • The merger between Nedbank Limited and Erf Sandown Proprietary Limited 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

Nedbank Limited

Applicant

Erf Sandown Proprietary Limited

Respondent

03

Procedural history

  1. Posture

    Merger Application / Final Determination

04

Questions and positions

Legal issues

Party arguments

Applicant
Nedbank Limited submitted that the proposed merger meets the requirements of the Competition Act and does not substantially prevent or lessen competition. The parties complied with the notification procedures and requested approval and issuance of a Merger Clearance Certificate.
Respondent
Erf Sandown Proprietary Limited did not oppose the merger and confirmed compliance with the Competition Act's notification and procedural requirements. No adverse competition effects were raised.

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 and all procedural requirements under the Competition Act are satisfied.

  2. 02

    Competition Tribunal rule 35(5)(a)

    The Tribunal must issue a Merger Clearance Certificate upon approval of a merger in accordance with its rules.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the merger notification complied with the requirements of the Competition Act and that the proposed transaction does not raise competition concerns. The recommendation of the Competition Commission was accepted, and the merger was approved in terms of section 16(2)(a). The Tribunal further ordered the issuance of a Merger Clearance Certificate in accordance with rule 35(5)(a).

Court disposition

Merger approved and Merger Clearance Certificate ordered.

  • The merger between Nedbank Limited and Erf Sandown Proprietary Limited 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

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Source document

Competition Tribunal

Order

[2021] ZACT 97

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and

SAFLII Policy

COMPETITION

TRIBUNAL OF SOUTH AFRICA

Case No.: LM058Aug21

In the matter between:

Nedbank Limited Primary

Acquiring Firm

And

Erf [….] Sandown Proprietary Limited Primary

Target Firm

Panel: E Daniels (Presiding Member)

H Cheadle (Tribunal Panel Member)

I Valodia (Tribunal Panel Member)

Heard on: 27 September 2021

Decided on: 27 September 2021

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); and

2. a Merger Clearance Certificate be issued in terms of Competition Tribunal rule 35(5)(a).

Date: 27 September 2021

Presiding Member Mr Enver Daniels

Concurring: Mr Halton Cheadle and Prof. Imraan I. 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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