Ideas Inrastructure II GP And Aurora Rietvlei Solar Power

The judgment

The court's own file

COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM114Oct23 In the matter between: Ideas Infrastructure II GP (Pty) Ltd Primary Acquiring Firm And Aurora Rietvlei Solar Power (RF) (Pty) Ltd (Aurora) and Vredendal Solar Power Park (RF) (Pty) Ltd (Vredendal) Primary Target Firm T Vilakazi (Presiding Member) A Ndoni (Tribunal Member) Panel: G Budlender (Tribunal Member) Heard on: 21 December 2023 Decided on: 21 December 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). 21 December 2023Presiding Member Prof. Thando Vilakazi DateConcurring: Ms Andiswa Ndoni and Adv. Geoff Budlender Date : 21 December 2023 To : Herbert Smith Freehills Attorneys Case Number: LM114Oct23 Ideas Infrastructure II GP (Pty) Ltd And Aurora Rietvlei Solar Power (RF) (Pty) Ltd (Aurora) and Vredendal Solar Power Park (RF) (Pty) Ltd (Vredendal) You applied to the Competition Commission on 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 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) a firm concerned has breached an obligation attached to 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.