Luvon Investment And Musina Mall

The judgment

The court's own file

competitiontribunal SOUTH AFRICA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM149Jan20 In the matter between: Luvon Investments (Pty) Ltd Primary Acquiring Firm And Changing Tides 91 (Pty) Ltd and Investec Property Primary Target Firm Fund Ltd, Target Properties - Musina Mall and Great North Plaza 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). fioEZ 04 March 2020 Presiding Member Date Mr Enver Daniels Concurring: Mr Andreas Wessels and Ms Yasmin Carrim competitiontribunal SOUTH AFRIOA Merger Clearance Certificate Date =: 04 March 2020 To : Adams and Adams Attorneys Case Number: LM149Jan20 Luvon Investment (Pty) Ltd and Changing Tides 91 (Pty) Ltd and Fund Ltd; Target Properties ~ Musina Mall and Great North Plaza You applied to the Competition Commission on 24 January 2020 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 responsibie. b) the approval was obtained by deceit. Cc) 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. 88 of 1998).