competition tri bu na I
SOUi -I •VR!C.<\
COMPETITION TRIBUNAL OF SOUTH AFRICA
In the matter between:
SASOL SOUTH AFRICA LTD
And
VITOL EMERALD BIDCO (PTY) LTD
ENGEN LTD
COMPETITION COMMISSION OF SOUTH AFRICA
Panel :
Heard on:
Decided on:
M Mazwai (Presiding Member)
06 December 2023
06 December 2023
ORDER
Case No.: LM196Mar23
Applicant
First Respondent
Second Respondent
Third Respondent
Further to the submissions made by the Applicant (Sasol) at the pre-hearing on 14
November 2023 and by agreement between the Sasol ,and the First Respondent
(Vitol) , the Second Respondent (Engen) and the Third Respondent (Commission) ,
the Tribunal hereby orders that:
1. Sasol is granted leave to intervene in the above-mentioned merger proceedings
before the Tribunal under Tribunal Case Number LM196Mar23 (Commission
case number 2023Mar0009) , in terms of section 53(1)(c)(v) of the Competition
Act 89 of 1998 ("Competition Act").
2. Having regard to the procurement framework in respect of which Sasol, Vitol and
Engen reached consensus on or about 9 November 2023 relating to the
procurement of refined petroleum products by Engen from Sasol's inland South
African refineries with effect from 1 July 2024 ("the Procurement Framework"),
Sasol's participation in the aforementioned merger proceedings shall be limited
to making written and oral submissions on the following issue ("Participation
Scope"): The appropriateness and adequacy, in light of the Procurement
Framework, of the local procurement remedy proposed by the Commission in
paragraph 3.3.1 and Annexure B of the proposed merger conditions set out in
the Commission's referral, including, without limitation, the extent to which such
remedy aligns with and does not compromise the terms of the Procurement
Framework.
3. Sasol's participation in the abovementioned merger proceedings shall include
the right and entitlement , to the extent applicable and relevant to the Participation
Scope -
3.1 of Sasol's independent legal representatives and competition economic
experts ("Sasol's advisors") to access the confidential version of the
Commission's large merger report and record where it deals with the
Participation Scope, subject to Sasol's advisors furnishing the appropriate
confidentiality undertakings;
3.2 to make written submissions to the Tribunal within the time periods stipulated
in any Tribunal directive;
3.3 to make oral submissions at the merger hearing at a date and time stipulated
by the Tribunal, subject to time limitations imposed by the Tribunal; and
3.4 to make an application for the calling of any witness / witnesses, cross
examination and or the production of relevant documents at the merger
hearing, which application shall be determined by the Tribunal. This will be
done in adherence to the timetable set by the Tribunal for the proceedings
before it in respect of the merger hearing, attached as Annexure A to this
order, and any subsequent timetable determined by the Tribunal.
06 December 2023
Date
Ms Mondo Mazwai