K2022877768 (South Africa) (Pty) Ltd v Sants Private Higher Education Institution (Pty) Ltd (LM199Mar23) [2023] ZACT 66 (22 May 2023)

55 Reportability
Competition Law

Brief Summary

Competition Law — Merger Approval — Application for merger approval submitted to the Competition Commission — Merger referred to the Competition Tribunal for consideration — Tribunal approves merger without conditions — Approval subject to revocation under specific circumstances as outlined in the Competition Act — No conditions imposed on the merger approval.

Date : 22 May 2023
To : Cliffe Dekker Attorneys
Case Number: LM199Mar23
K2022877768 (South Africa) (Pty) Ltd And Sants Private Higher
Education Institution (Pty) Ltd
You applied to the Competition Commission on 10 March 2023 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.