African Rainbow Minerals Limited v Nkomati Joint Venture (LM044Jun24) [2024] ZACT 19 (8 August 2024)

35 Reportability
Competition Law

Brief Summary

Competition Law — Merger Approval — Application for merger between African Rainbow Minerals Limited and Nkomati Joint Venture — The Competition Commission recommended approval of the merger under section 14A(1)(b) of the Competition Act, 1998 — Legal issue concerning the compliance with statutory requirements for merger approval — The Competition Tribunal approved the merger in terms of section 16(2)(a) of the Act and issued a Merger Clearance Certificate.


COMPETITION TRIBUNAL
REPUBLIC OF SOUTH AFRICA

Case No.: LM044Jun24

In the matter between:

African Rainbow Minerals Limited Primary Acquiring Firm

And

Nkomati Joint Venture Primary Target Firm

Panel: M Mazwai (Presiding Member)
G Budlender (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 08 August 2024
Decided on: 08 August 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
Ms Mondo Mazwai
08 August 2024
Date

Concurring: Adv Geoff Budlender SC and Prof lmraan Valodia