Competition Commission v Seriti New Largo (Pty) Ltd and Another (LM157Dec21/EXT002Apr22) [2022] ZACT 95 (21 April 2022)

40 Reportability
Competition Law

Brief Summary

Competition — Merger control — Extension of investigation period — Application by Competition Commission for extension of time to refer merger to Tribunal — Tribunal granted extension until specified date — Compliance with section 14A(2) of the Competition Act 1998 confirmed.

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).





Extension Certificate

Date: _______________________________________

To all participants in:


The Competition Commission received notice of the merger referred to above
on _________________________.
In terms of Competition Act section 14A(2), and Commission Rule 41(1)(b),
the Competition Tribunal extends for a period of ________________ business
days, the period within which the Competition Commission must refer the
above referenced merger to the Tribunal with a recommendation.







Tribunal Member:
(Name and file number of merger:)

COMPETITION TRIBUNAL OF SOUTH AFRICA

Case No.: LM157Dec21/EXT002Apr22

In the matter between:

COMPETITION COMMISSION Applicant

and

SERITI NEW LARGO (PTY) LTD Primary Acquiring Firm

NEW LARGO COAL (PTY) LTD Primary Target Firm

In re the large merger involving:

SERITI NEW LARGO (PTY) LTD Primary Acquiring Firm

and


NEW LARGO COAL (PTY) LTD Primary Target Firm


Panel: M Mazwai (Presiding Member)
Heard on: 20 April 2022
Order Issued on: 21 April 2022


ORDER:
EXTENSION APPLICATION


Having heard the parties regarding an application by the Competition Commission in
terms of section 14A(2) of the Competition Act No 89 of 1998, as amended (“Act”), read
with Rule 31 of the Competition Tribunal Rules for an extension of the time period for
the investigation of the above matter, the Tribunal orders the following:

1. The application is granted until 09 May 2022.

2. An extension certificate is issued in terms of section 14A of the Act.




21 April 2022
Presiding Member
Ms Mondo Mazwai
Date