competitiontribunal
SOU•HAFRIGA
COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM196Mar23/CNF134Nov23
In the access application of:
VITOL EMERALD BIDCO (PTY) LTD
ENGEN LIMITED (PTY) LTD
And
THE COMPETITION COMMISSION OF SOUTH
AFRICA
REA TILE GAZ (PTY) LTD
NICSHA PETROLEUM GENERAL TRADING CC T/A
NICSHA PETROLEUM
TOTAL ENERGIES MARKETING SOUTH AFRICA
(PTY) LTD
THE PETROLEUM OIL AND GAS CORPORATION OF
SOUTH AFRICA
BP SOUTHERN AFRICA (PTY) LTD
GULFSTREAM ENERGY (PTY) LTD
MACK'S PETROLEUM AGENTSKAPPE (PTY) LTD
SASOL LIMITED
In re the large merger between:
VITOL EMERALD BIDCO (PTY) LTD
And
ENGEN LIMITED (PTY) LTD
First Applicant
Second Applicant
First Respondent
Second Respondent
Third Respondent
Fourth Respondent
Fifth Respondent
Sixth Respondent
Seventh Respondent
Eighth Respondent
Ninth Respondent
Primary Acquiring Firm
Primary Target Firm
Panel:
Heard on:
Order Issued on:
M Mazwai (Presiding M embe r)
AW Wessels (Tribunal Member)
L Mncube (Tribunal Member )
11 January 2024
15 January 2024
ORDER
Having read the papers of record and heard counsel for the parties, the Competition Tribunal
("Tribunal") orders as follows:
1. The Applicants' external legal representatives and experts are, subject to appropriate
confidentiality undertakings being provided, granted access, in terms of section 45(1) of the
Competition Act No. 89 of 1998 as amended , to all information submitted to the. Competition
Commission by the Fourth Respondent, Fifth Respondent, and Sixth Respondent under claims of
confidentiality in relation to the proposed transaction between the Applicants.
2. The Competition Commission is required to provide the App licants access to the aforementioned
information by 16 January 2024 subject to the Competition Commission being satisfied with the
confidentiality undertakings provided.
3. There is no order as to costs.
15 January 2024
Date
Concurring: Prof. Liberty Mncube and Mr Andreas Wessels