Attacq Waterfall Investment Company (Pty) Ltd v 20% Undivided Share held by ATT MOA 20 (Pty) Ltd in Mall of Africa (LM026May24) [2024] ZACT 25 (25 June 2024)

40 Reportability
Competition Law

Brief Summary

Competition — Merger approval — Application for merger between Attacq Waterfall Investment Company (Pty) Ltd and ATT MOA 20 (Pty) Ltd — Competition Commission recommending approval under section 14A(1)(b) of the Competition Act, 1998 — Tribunal's decision to approve merger in terms of section 16(2)(a) of the Act — Issuance of Merger Clearance Certificate in accordance with Tribunal Rule 35(5)(a).


COMPETITION TRIBUNAL REPUBLIC OF SOUTH AFRICA

Case No.: LM026May24

In the matter between:

Attacq Waterfall Investment Company (Pty) Ltd Primary Acquiring Firm

And

The 20% undivided share held by ATT MOA 20 (Pty) Primary Target Firm
Ltd in Mall of Africa

Panel: L Mncube (Presiding Member)
G Budlender (Tribunal Member)
T Vilakazi (Tribunal Member)
Heard on: 25 June 2024
Decided on: 25 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).


Signed by:Liberty Mncube
Signed at:2024-06-25 18:07:46 +02:00
Reason:Witnessing Liberty Mncube

Presiding Member 25 June 2024
Prof Liberty Mncube Date

Concurring: Adv Geoff Budlender SC and Prof Thando Vilakazi