COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM156Dec21
In the matter between:
Impala Platinum Holdings Limited
Primary Acquiring Firm
And
Royal Bafokeng Platinum Limited Primary Target Firm
Panel: Y Carrim (Presiding Member)
A Ndoni (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 04 August, 31 October, 01, 02 and 04 November
2022
Last submission date: 9 November 2022
Order Issued on: 16 November 2022
ORDER
Further to the recommendation of the Competition Commission in terms of section
that
1. the merger between the abovementioned parties be approved in terms of
section 16(2)(b) of the Act; and
2. a Merger Clearance Certificate be issued in terms of Competition Tribunal Rule
35(5)(a).
16 November 2022
Presiding Member
Ms Yasmin Carrim
Date
Concurring: Ms Andiswa Ndoni and Prof Imraan I. Valodia
Date : 16 November 2022
To : Nortons Inc
Case Number: LM156Dec21
Impala Platinum Holdings Limited And Royal Bafokeng Platinum
Limited
You applied to the Competition Commission on 17 December
2021 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.