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MSC II Investments v Mertech Marine Holdings (Pty) …

MSC II Investments v Mertech Marine Holdings (Pty) Ltd (LM020May24) [2024] ZACT 15 (24 July 2024)

45 Reportability

Competition Law

Brief Summary

Competition Law — Merger Approval — Competition Tribunal's authority to approve mergers subject to conditions — MSC II Investments sought to merge with Mertech Marine Holdings — The Competition Commission recommended approval of the merger with conditions — The Tribunal approved the merger and issued a Merger Clearance Certificate in accordance with the Competition Act, 1998, confirming compliance with statutory requirements.

Full Judgment Text (Click to expand)

COMPETITION TRIBUNAL OF SOUTH AFRICA

Case No.: LM020May24

In the matter between:

MSC II Investments Primary Acquiring Firm

And

Mertech Marine Holdings (Pty) Ltd Primary Target Firm

Panel: L Mncube (Presiding Member)
I Valodia (Tribunal Member)
A Ndoni (Tribunal Member)
Heard on: 24 July 2024
Decided on: 24 July 2024

ORDER

Further to the recommendation of the Competition Commission in terms of section
14A(1)(b)(ii) of the Competition Act, 1998 ( the Act ) the Competition Tribunal
orders that-

1. the merger between the abovementioned parties be approved subject to
the conditions set out in “Annexure A” in terms of section 16(2)(b) 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:2024-07-24 11:35:34 +02:00
Reason:Witnessing Liberty Mncube
24 July 2024
Date

Presiding Member
Prof. Liberty Mncube

Concurring: Prof. Imraan Valodia and Ms Andiswa Ndoni

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