Ndalamo Coal (Pty) Ltd v Mbokodo Mining (Pty) Ltd (LM007Apr24) [2024] ZACT 30 (24 June 2024)

35 Reportability
Competition Law

Brief Summary

Competition Law — Merger Approval — Application for merger between Ndalamo Coal (Pty) Ltd and Mbokodo Mining (Pty) Ltd — Competition Commission's recommendation for approval under section 14A(1)(b) of the Competition Act, 1998 — Tribunal's assessment of merger's compliance with section 16(2)(a) of the Act — Merger approved and Merger Clearance Certificate issued.


COMPETITION TRIBUNAL REPUBLIC OF SOUTH AFRICA

Case No.: LM007Apr24

In the matter between:

Ndalamo Coal (Pty) Ltd Primary Acquiring Firm

And

Mbokodo Mining (Pty) Ltd Primary Target Firm

Panel:
M Mazwai (Presiding Member)
L Mncube (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 21 June 2024
Decided on: 24 June 2024

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).

Presiding Member 24 June 2024
Ms Mondo Mazwai Date


Concurring: Prof. Liberty Mncube and Prof. lmraan Valodia