COMPETITION TRIBUNAL OF SOUTH AFRICA Case No: LM191Mar22In the matter between:K2021134577 (South Africa) (Pty) LtdPrimary Acquiring FirmAndEmerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South AfricaPrimary Target Firm: L Mncube (Presiding Member): Y Carrim (Tribunal Panel Member)Panel: T Vilakazi (Tribunal Panel Member)Heard on : 21 July 2022Order Issued on : 27 July 2022OrderFurther 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)(b) of the Act subject to the conditions attached hereto as Annexure A; and 2. a Merger Clearance Certificate be issued in terms of Competition Tribunal rule 35(5)(a). 27 July 2022Presiding MemberProf. Liberty MncubeDateConcurring: Ms Yasmin Carrim and Dr Thando Vilakazi
Date : 27 July 2022
To : Nortons Attorneys
Case Number: LM191Mar22
K2021134577 (South Africa) (Pty) Ltd And Emerald Safari Resort
(Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa
You applied to the Competition Commission on 08 March 2022
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:
no conditions.
x 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.