Agile Capital Four And Averge Technologies

The judgment

The court's own file

competitiontribunal SOUTH AFRICA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM133Nov19 In the matter between: Agile Capital Four (Pty) Ltd Primary Acquiring Firm And Averge Technologies (Pty) Ltd and K2019302693 Primary Target Firms (South Africa) (Pty) Ltd Panel : Y Carrim (Presiding Member) A Ndoni (Tribunal Panel Member) : H Cheadle (Tribunai Panel Member) Heard on : 15 January 2020 Decided on : 15 January 2020 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). 15 January 2020 Presiding Member Date Ms Yasmin Carrim Concurring: Ms Andiswa Ndoni and Prof. Halton Cheadle competitiontribunal SOUTH AFRICA Merger Clearance Certificate Date : 15 January 2020 To : Cliffe Dekker Attorneys Case Number: LM133Nov19 Agile Capital Four (Pty) Ltd And Averge Technologies (Pty) and K2019302693 (South Africa) (Pty) Ltd You applied to the Competition Commission on 05 November 2019 for merger approval in accordance with Chapter 3 of the Competition Act. Your merger was feferred 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 responsible. b) the approval was obtained by deceit. Cc) a firm concerned has breached an obligation attached to this approval. The Registrar, Competition Tribunal G2 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).