COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM150Nov22
In the matter between:
Sabic Agri-Nutrients Company Primary Acquiring Firm
And
ETG Inputs Holdco Ltd Primary Target Firm
AW Wessels (Presiding Member)
T Vilakazi (Tribunal Member)
Panel:
A Ndoni (Tribunal Member)
Heard on: 13 March 2023
Decided on: 13 March 2023
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).
13 March 2023
Presiding Member
Mr Andreas Wessels
Date
Concurring: Dr. Thando Vilakazi and Ms Andiswa Ndoni
Date : 13 March 2023
To : Bowmans Attorneys
Case Number: LM150Nov22
Sabic Agri-Nutrients Company And ETG Inputs Holdco Ltd
You applied to the Competition Commission on 14 November
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:
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.