competition tribunal
SOU•H AF-SICA
COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM196Mar23/INT136Nov23
In the intervention application of:
NATIONAL UNION OF METALWORKERS OF SOUTH
AFRICA (NUMSA)
And
VITOL EMERALD BIDCO (PTY) LTD
ENGEN LIMITED (PTY) LTD
COMPETITION COMMISSION OF SOUTH AFRICA
THE DEPARTMENT OF TRADE, INDUSTRY AND
COMPETITION
ASTRON ENERGY (PTY) LTD
SASOL LIMITED
CHEMICAL, ENERGY, PAPER PRINTING, WOOD AND
ALLIED WORKERS UNION
In re the large merger between:
VITOL EMERALD BIDCO (PTY) LTD
And
Applicant
First Respondent
Second Respondent
Third Respondent
Fourth Respondent
Fifth Respondent
Sixth Respondent
Seventh Respondent
Primary Acquiring Firm
ENGEN LIMITED (PTY) LTD Primary Target Firm
Panel: M Mazwai (Presiding Member)
AW Wessels (Tribunal Member)
L Mncube (Tribunal Member)
Heard on: 11 January 2024
Order Issued on: 15 January 2024
ORDER
Having read the papers of record and heard counsel for the parties, the Competition Tribunal
("Tribunal") orders as follows:
1. NUMSA is granted leave to intervene in the merger proceedings between the First and Second
Respondents under case number LM 196Mar23, to make oral and written submissions on the
following two considerations:
1.1. Employment; and
1.2. Employment Equity Ownership.
2. The merging parties are ordered to pay the costs of NUMSA 's application.
15 January 2024
Date
Concurring: Prof. Liberty Mncube and Mr Andreas Wessels