Main Street 783 and Makhugiso Investments

The judgment

The court's own file

e. competitiontribunal seach afvten COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM231Jan19 In the matter between: Main Street 783 (Pty) Ltd Primary Acquiring Firm And Makhugiso Investments (Pty) Ltd Primary Target Firm Panel : Y Carrim (Presiding Member) M Mazwai (Tribunal Member) A Ndoni (Tribunal Member) Heard on : 20 February 2019 Decided on : 20 February 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. aMerger Clearance Certificate be issued in terms of Competition Tribunal rule 35(5)(a). Gain : 20 February 2019 Presiding Member Date Ms Yasmin Carrim Concurring: Ms Mondo Mazwai and Ms Andiswa Ndoni competitiontribunal south africa Merger Clearance Certificate Date: 20 February 2019 To: Hogan Lovells Attorneys Case Number: LM231Jan19 Main Street 783 (Pty) Lid and Makhugiso Investments (Pty) Ltd You applied to the Competition Commission on 19 December 2018 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 fisted 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 concemed 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).