Orviscene (Pty) Ltd v Makrogate Ltd (LM166Dec20) [2020] ZACT 107 (18 December 2020)

Orviscene (Pty) Ltd v Makrogate Ltd (LM166Dec20) [2020] ZACT 107 (18 December 2020)

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.

Citation
[2020] ZACT 107
Parties
Applicant: Orviscene (Pty) Ltd; Respondent: Makrogate Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
18 December 2020
Case Number
LM166Dec20
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved unconditionally.
Judges
M Mazwai, E Daniels, AW Wessels
Legal Topics
Merger Clearance, Competition Act Section 16, Merger Notification, Competition Tribunal Procedure
Competition Law Merger Clearance Competition Act Section 16 Merger Notification Competition Tribunal Procedure

Case Brief

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Parties

Orviscene (Pty) Ltd

Applicant

Makrogate Ltd

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between Orviscene (Pty) Ltd and Makrogate Ltd should be approved under the Competition Act.
  2. 2 Whether the merger notification and clearance procedures under the Act have been properly followed.

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.

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).