Mystic Blue Trading 62 (Pty) Ltd v Rhino Group (35/LM/Apr11) [2011] ZACT 112 (20 December 2011)

45 Reportability
Competition Law

Brief Summary

Competition Law — Merger Approval — Merger between Mystic Blue Trading 62 (Pty) Ltd and the Rhino Group — The Competition Tribunal approved the merger following a recommendation from the Competition Commission, subject to specified conditions. — Whether the merger met the requirements of the Competition Act, 1998. — The Tribunal held that the merger was approved in terms of section 16(2)(b) of the Act, and a Merger Clearance Certificate was to be issued.

COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: 35/LM/Apr11
In the matter between:
Mystic Blue Trading 62 (Pty) Ltd
and
The Rhino Group
______________________________________________________________
Panel : N Manoim (Presiding Member), Y Carrim (Tribunal
Member) and A Wessels (Tribunal Member)
Heard on : 14 December 2011
Decided on : 20 December 2011
ORDER – NON-CONFIDENTIAL VERSION
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 Mystic Blue Trading 62 (Pty) Ltd and the
Rhino Group be approved in terms of section 16(2)(b) of the Act
subject to the conditions set out in Annexure A; and
2. a Merger Clearance Certificate be issued in terms of
Competition Tribunal Rule 35(5)(a).
_______________
Presiding Member
N Manoim

Concurring: Y Carrim and A Wessels