MIC Investments And Tropic Plastic

The judgment

The court's own file

COMPETITION TRIBUNAL REPUBLIC OF SOUTH AFRICA Case No.: LM079Aug24 In the matter between: MIC Investment Holdings (Pty) Ltd and NPE 2 (Pty) Ltd Primary Acquiring Firms and Tropic Plastic and Packaging Industry (Pty) Ltd Primary Target Firm 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 the Competition Rule 35(5)(a). 02 September 2024 Presiding Member Prof Liberty Mncube Date Concurring: Adv Geoff Budlender SC and Prof Imraan Valodia Panel: L Mncube (Presiding Member) I Valodia (Tribunal Member) G Budlender (Tribunal Member) Heard on: 02 September 2024 Order issued on: 02 September 2024 ORDER Signed by:Liberty Mncube Signed at:2024-09-02 14:17:40 +02:00 Reason:Witnessing Liberty Mncube Date: 02 September 2024 To Webber Wentzel Attorneys Case Number: LM079Aug24 MIC Investment Holdings (Pty) Ltd and Tropic Plastic AND Packaging Industry (Pty) Ltd You applied to the Competition Commission on 19 July 2024 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 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. Signed by:Sibongile Moshoeshoe Signed at:2024-09-02 14:15:06 +02:00 Reason:Witnessing Sibongile Moshoesho