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South Africa Order

Competition Tribunal

VCAP1 Alliances (Pty) Ltd v Virtual Payment Solutions (Pty) Ltd and Another (LM205Mar23) [2023] ZACT 25 (30 May 2023)

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Source document

01

Holding and result

The Tribunal found that the proposed merger between VCAP1 Alliances (Pty) Ltd and Virtual Payment Solutions (Pty) Ltd and Switchone (Pty) Ltd does not raise competition concerns under the Competition Act. The Competition Commission recommended approval, and no evidence was presented to suggest the merger would substantially prevent or lessen competition. Accordingly, the Tribunal approved the merger in terms of section 16(2)(a) of the Act and ordered that a Merger Clearance Certificate be issued.

Court disposition

Merger approved without conditions.

Orders

  • The merger between VCAP1 Alliances (Pty) Ltd and Virtual Payment Solutions (Pty) Ltd and Switchone (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

VCAP1 Alliances (Pty) Ltd

Applicant

Virtual Payment Solutions (Pty) Ltd

Respondent

Switchone (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Merger Control / Merger Approval

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought approval for the merger in accordance with Chapter 3 of the Competition Act, asserting that the transaction does not substantially prevent or lessen competition and complies with the requirements of the Act.
Respondent
The respondents did not oppose the merger and did not submit arguments against approval.

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, or if any negative effects can be justified on public interest grounds.

  2. 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 VCAP1 Alliances (Pty) Ltd and Virtual Payment Solutions (Pty) Ltd and Switchone (Pty) Ltd does not raise competition concerns under the Competition Act. The Competition Commission recommended approval, and no evidence was presented to suggest the merger would substantially prevent or lessen competition. Accordingly, the Tribunal approved the merger in terms of section 16(2)(a) of the Act and ordered that a Merger Clearance Certificate be issued.

Court disposition

Merger approved without conditions.

  • The merger between VCAP1 Alliances (Pty) Ltd and Virtual Payment Solutions (Pty) Ltd and Switchone (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 text

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Source document

Competition Tribunal

Order

[2023] ZACT 25

COMPETITION

TRIBUNAL OF SOUTH AFRICA

Case No.: LM205Mar23

In the matter between:

VCAP1 Alliances (Pty) Ltd Primary Acquiring Firm

And

Virtual Payment Solutions (Pty) Ltd and Switchone (Pty) Ltd Primary Target Firms

Panel: S Goga (Presiding Member), M Mazwai (Tribunal Member), F Tregenna (Tribunal Member)

Heard on: 30 May 2023

Decided on: 30 May 2023

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).

Signed by:Sha'ista Goga

Signed at:2023-05-30 11:25:34 +02:00

Reason:Witnessing Sha'ista Goga

Presiding Member Ms Sha’ista Goga

Concurring: Prof Fiona Tregenna and Ms Mondo Mazwai

Date: 30 May 2023

Merger Clearance Certificate

To : Webber Wentzel Attorneys

You applied to the Competition Commission on 23 March 2023 for merger approval in accordance with Chapter 3 of the Competition Act.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act, 1998

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