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COMPETITION TRIBUNAL OF SOUTH AFRICA

 

Case No.: LM010Apr22

 

In the matter between:

 

CTP Ltd                                                                                     Primary Acquiring Firm

 

And

 

The Business Which Manufactures Laminates for

Bag-In-Box System, Which is Currently Operated by

Amcor Flexibles South Africa (Pty) Ltd                                      Primary Target Firm

 

 

Panel:                                L Mncube (Presiding Member)

Y Carrim (Tribunal Member)

T Vilakazi (Tribunal Member)

 

Heard on:                              21 July 2022

Decided on:                           21 July 2022

 

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).

 

 Date:        21 July 2022

Presiding Member:         Professor Liberty Mncube

 

Concurring:         Ms Yasmin Carrim and Dr. Thando Vilakazi

 

Merger Clearance Certificate

 

Date:                         21 July 2022

 

To:                             Nortons Attorneys

 

Case Number:           LM010Apr22

 

CTP Ltd And The Business Which Manufactures Laminates for Bag-In-Box System, Which is Currently Operated by Amcor Flexibles South Africa (Pty) Ltd

 

You applied to the Competition Commission on 19 April 2022 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.

c)         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. 89 of 1998).

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