Thebe SPV and Schoonbee Nation Building

The judgment

The court's own file

competitiontribunal SOUTH AFRITA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM146Jan20 In the matter between: Thebe SPV (Pty) Ltd ; Primary Acquiring Firm And Schoonbee Nation Building (Pty) Ltd Primary Target Firm Panel : E Daniels (Presiding Member) AW Wessels (Tribunal Panel Member) : Y Carrim (Tribunal Panel Member) Heard on : 04 March 2020 Decided on : 04 March 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 be 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). aT 04 March 2020 Presiding Member Date Mr Enver Daniels Concurring: Mr Andreas W Wessels and Ms Yasmin Carrim ed competitiontribunal SOUTH AFRICA Merger Clearance Certificate Date : 04 March 2020 To : Lawtons Africa Attorneys Case Number: LM146Jan20 Thebe SPV (Pty) Ltd and Schoonbee Nation Building (Pty) Ltd You applied to the Competition Commission on 19 December 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 responsible. b) the approval was obtained by deceit. ¢) a firm concerned has breached an obligation attached to this approval. The Registrar, Competition Tribunal ae 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).