K2012150042 (South Africa) Proprietary Limited v Big Box Retail Fund Proprietary Limited (LM071Jul24) [2024] ZACT 20 (23 August 2024)

35 Reportability
Competition Law

Brief Summary

Competition Law — Merger Approval — Application for merger between acquiring and target firms — Competition Tribunal's approval of merger following recommendation by Competition Commission — Tribunal found that the merger met the requirements of section 16(2)(a) of the Competition Act, 1998 — Merger Clearance Certificate issued in accordance with Tribunal Rule 35(5)(a).


COMPETITION TRIBUNAL
REPUBLIC OF SOUTH AFRICA

Case No.: LM071Jul24

In the matter between:

K2012150042 (South Africa) Proprietary Limited Primary Acquiring Firm

And

Big Box Retail Fund Proprietary Limited Primary Target Firm

Panel: A Kessery (Presiding Member)
G Budlender (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 23 August 2024
Decided on: 23 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).

Signed by:Anisa Kessery
Signed at:2024-08-23 12:01:12 +02:00
Reason:Witnessing Anisa Kessery

Presiding Member
Adv. Anisa Kessery
23 August 2024
Date

Concurring: Adv. Geoff Budlender SC and Prof. Imraan Valodia