ADNOC And OMV Aktiengesellschaft

The judgment

The court's own file

COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM030Jun23In the matter between:Abu Dhabi National Oil Company (ADNOC) P.J.S.CPrimary Acquiring FirmAndOMV AktiengesellschaftPrimary Target FirmL Mncube (Presiding Member)F Tregenna (Tribunal Member) Panel:G Budlender (Tribunal Member)Heard on:15 August 2023Decided on:16 August 2023 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). 16 August 2023Presiding Member Professor Liberty Mncube DateConcurring: Professor Fiona Tregenna and Adv. Geoff Budlender SC. Date: 16 August 2023To: Edward Nathan Sonnenbergs AttorneysCase Number: LM030Jun23 Abu Dhabi National Oil Company (ADNOC) P.J.S.C And OMV Aktiengesellschaft You applied to the Competition Commission on 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: xno 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. c) this approval. The Registrar, Competition Tribunal Notice CT 10 About this Notice 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). Contacting the Tribunal The Competition Tribunal Private Bag X24 Sunnyside Pretoria 0132 Republic of South Africa tel: 27 12 394 3300 fax: 27 12 394 0169 e-mail: ctsa@comptrib.co.za Merger Clearance Certificate This notice is issued in terms of section 16 of the Competition Act. You may appeal against this decision to the Competition Appeal Court within 20 business days.