TP Hentiq 6128 (PT) LTD v Partcorp Holding s Ltd (74/LM/Oct09) [2009] ZACT 70 (22 December 2009)

TP Hentiq 6128 (PT) LTD v Partcorp Holding s Ltd (74/LM/Oct09) [2009] ZACT 70 (22 December 2009)

The Tribunal found that the proposed merger does not raise any competition concerns, as there is no horizontal overlap in the activities of the merging parties and no vertical concerns arise. The transaction would not substantially prevent or lessen competition in any relevant market. Furthermore, there are no significant public interest issues associated with the transaction. Accordingly, the merger was unconditionally approved.

Citation
[2009] ZACT 70
Parties
Applicant: TP Hentiq 6128 (PT) LTD; Respondent: Partcorp Holdings Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 December 2009
Case Number
74/LM/Oct09
Procedural Posture
Merger Control / Merger Approval
Outcome
Merger unconditionally approved.
Judges
N Manoim, A Wessels, A Ndoni
Legal Topics
Merger Control, Public Interest, Horizontal Overlap, Vertical Relationships
Competition Law Commercial and Corporate Merger Control Public Interest Horizontal Overlap Vertical Relationships

Case Brief

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Parties

TP Hentiq 6128 (PT) LTD

Applicant

Partcorp Holdings Ltd

Respondent

Procedural Posture

Merger Control / Merger Approval

Legal Issues

  1. 1 Whether the proposed merger would substantially prevent or lessen competition in any relevant market.
  2. 2 Whether there are any significant public interest concerns arising from the transaction.

Ratio Decidendi

The Tribunal found that the proposed merger does not raise any competition concerns, as there is no horizontal overlap in the activities of the merging parties and no vertical concerns arise. The transaction would not substantially prevent or lessen competition in any relevant market. Furthermore, there are no significant public interest issues associated with the transaction. Accordingly, the merger was unconditionally approved.

Court Disposition

Merger unconditionally approved.

Orders

  • The merger between TP Hentiq 6128 (PT) LTD and Partcorp Holdings Ltd is unconditionally approved.