COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM168Nov20
In the matter between:
Engie Global Development B.V. Primary Acquiring Firm
And
Xina CSP South Africa (Pty) Ltd and Xina CSP
Operation and Maintenance (Pty) Ltd
Primary Target Firm
Panel : M Mazwai (Presiding Member)
: E Daniels (Tribunal Panel Member)
: T Vilakazi (Tribunal Panel Member)
Heard on : 21 January 2021
Decided on : 21 January 2021
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).
21 January 2021
Presiding Member
Ms Mondo Mazwai
Date
Concurring: Mr Enver Daniels and Dr. Thando Vilakazi
Date : 21 January 2021
To : Bowmanslaw Attorneys
Case Number: LM168Nov20
Engie Global Development BV And Xina CSP South Africa (Pty)
Ltd and Xina CSP OPeration and Maintanance (Pty) Ltd
You applied to the Competition Commission on 06 November
2020 for merger approval in accordance with Chapter 3 of the
Competition Act.
Your merger was referred to the Competition Tribunal in terms of
section 14A of the Act, or was the subject of a Request for
consideration by the Tribunal in terms of section 16(1) of the Act.
After reviewing all relevant information, and the recommendation
or decision of the Competition Commission, the Competition
Tribunal approves the merger in terms of section 16(2) of the Act,
for the reasons set out in the Reasons for Decision.
This approval is subject to:
x no conditions.
the conditions listed on the attached sheet.
The Competition Tribunal has the authority in terms of section 16(3)
of the Competition Act to revoke this approval if
a) it was granted on the basis of incorrect information for which
a party to the merger was responsible.
b) the approval was obtained by deceit.
c)a firm concerned has breached an obligation attached to
this approval.
The Registrar, Competition Tribunal
Notice CT 10
About this Notice
This form is prescribed by the Minister of Trade and Industry in terms of section 27 (2) of the Competition Act 1998 (Act No. 89 of 1998).
Contacting
the Tribunal
The Competition Tribunal
Private Bag X24
Sunnyside
Pretoria 0132
Republic of South Africa
tel: 27 12 394 3300
fax: 27 12 394 0169
e-mail: ctsa@comptrib.co.za
Merger Clearance Certificate
This notice is issued in
terms of section 16 of
the Competition Act.
You may appeal
against this decision to
the Competition
Appeal Court within 20
business days.