Orviscene (Pty) Ltd v Makrogate Ltd (LM166Dec20) [2020] ZACT 107 (18 December 2020)
- Citation
- [2020] ZACT 107
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- M Mazwai, E Daniels, AW Wessels
- Case number
- LM166Dec20
More details
- Court
- Competition Tribunal
- Panel
- M Mazwai, E Daniels, AW Wessels
- Case number
- LM166Dec20
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the merger notification was properly made and that the Competition Commission recommended approval. No evidence was presented to suggest that the merger would substantially prevent or lessen competition in any relevant market. The Tribunal was satisfied that all procedural requirements under the Competition Act and Tribunal Rules were met. Accordingly, the merger was approved and a Merger Clearance Certificate was ordered to be issued.
Court disposition
Merger approved unconditionally.
Orders
- The merger between Orviscene (Pty) Ltd and Makrogate Ltd is approved in terms of section 16(2)(a) of the Competition Act, 1998.
- A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).
02
Material facts
Parties
Orviscene (Pty) Ltd
ApplicantMakrogate Ltd
Respondent03
Procedural history
Posture
Merger Application / Final Determination
04
Questions and positions
Legal issues
- 01
Whether the proposed merger between Orviscene (Pty) Ltd and Makrogate Ltd should be approved under the Competition Act.
- 02
Whether the merger notification and clearance procedures under the Act have been properly followed.
Party arguments
- Applicant
- The applicant submitted that the merger complies with all requirements under the Competition Act and does not substantially prevent or lessen competition in any relevant market. The applicant argued that the transaction was properly notified and requested unconditional approval.
- Respondent
- The respondent did not oppose the merger and confirmed that all procedural requirements had been met. No substantive competition concerns were raised by the respondent.
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 all procedural requirements under the Competition Act are satisfied.
- 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 was properly made and that the Competition Commission recommended approval. No evidence was presented to suggest that the merger would substantially prevent or lessen competition in any relevant market. The Tribunal was satisfied that all procedural requirements under the Competition Act and Tribunal Rules were met. Accordingly, the merger was approved and a Merger Clearance Certificate was ordered to be issued.
Obiter and limits
- The Tribunal noted the importance of timely and accurate merger notifications to ensure efficient adjudication of competition matters.
- The Tribunal emphasized that its approval does not preclude future investigation should new competition concerns arise post-merger.
Court disposition
Merger approved unconditionally.
- The merger between Orviscene (Pty) Ltd and Makrogate Ltd is approved in terms of section 16(2)(a) of the Competition Act, 1998.
- 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.: LM166Dec20
In the matter between:
Orviscene (Pty) Ltd Primary
Acquiring Firm
And
Makrogate Ltd Primary
Target Firm
Panel : M Mazwai (Presiding Member), E Daniels (Tribunal Panel Member), AW Wessels (Tribunal Panel Member)
Heard on : 18 December 2020
Decided on : 18 December 2020
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).
Date: 21 December 2020
Presiding Member
Ms Mondo Mazwai
Concurring: Mr Enver Daniels and Mr Andreas Wessels
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.