DSV A/S And Panalpina Welttransport

The judgment

The court's own file

competitiontribunal SOUTH AFRICA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM032May19 In the matter between: DSV A/S Primary Acquiring Firm And Panalpina Welttransport Holding (Panalpina World Primary Target Firm Transport Holding) AG Panel : E Daniels (Presiding Member) A Wessels (Tribunal Member) M Mokuena (Tribunal Member) Heard on : 26 June 2019 Decided on : 26 June 2019 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); and 2. a Merger Clearance Certificate be issued in terms of Competition Tribunal rule 35(5)(a). a 26 June 2019 Presiding Member Date Mr Enver Daniels Concurring: Mr Andreas Wessels and Mrs Medi Mokuena competitiontribunal SOUTH AFRICA Merger Clearance Certificate Date: 26 June 2019 To: ENS (Name and file number of merger:) DSV A/S And Panalpina Welttransport Holding (Panaipina World Transport Holdings) Case No.: LM032May19 You applied to the Competition Commission on 16 May 2019 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. [| 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 responsibie. b) the approval was obtained by deceit. °) a firm concerned has breached an obligation attached to this approval. The registrar, Competition Tribunal: 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),