Zaad Holdings And Gap Chemicals

The judgment

The court's own file

competitiontribunal SOUTH AFRICA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM054Jun19 In the matter between: Zaad Holdings Ltd Primary Acquiring Firm And GAP Chemicals (Pty) Ltd Primary Target Firm Panel : Y Carrim (Presiding Member) AW Wessels (Tribunal Panel Member) E Daniels (Tribunal Panel Member) Heard on : 21 August 2019 Decided on : 21 August 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 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). 21 August 2019 Ms Yasmin Carrim Date Presiding Member Concurring: Mr Andreas Wessels and Mr Enver Daniels Merger Clearance Certificate Date : 22 August 2019 competitiontribun p eb tiontribunal To : Cliffe Dekker Attorneys Case Number: LM054Jun19 Zaad Hoidings Ltd And Gap Chemicals (Pty) Ltd You applied to the Competition Commission on 07 June 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) itwas 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 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).