Masimo Ventures (Pty) Ltd and Another v CBD Residency (Pty) Ltd and Another (LM033May24) [2024] ZACT 28 (4 July 2024)

35 Reportability
Competition Law

Brief Summary

Competition — Merger approval — Application for merger between Masimo Ventures (Pty) Ltd and CBD Residency (Pty) Ltd — Competition Commission's recommendation for 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.: LM033May24

In the matter between:

Masimo Ventures (Pty) Ltd and Mr Conrad Primary Acquiring Firms
Dana Kgwadi

And

CBD Residency (Pty) Ltd and CBD Residency 2 (Pty) Ltd Primary Target Firms

Panel: A Wessels (Presiding Member)
G Budlender (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 04 July 2024
Decided on: 04 July 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 04 July 2024
Mr Andreas Wessels Date

Concurring: Adv Geoff Budlender SC and Prof Imraan Valodia