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[2023] ZACT 25
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VCAP1 Alliances (Pty) Ltd v Virtual Payment Solutions (Pty) Ltd and Another (LM205Mar23) [2023] ZACT 25 (30 May 2023)
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COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No.: LM205Mar23
In the matter between:
VCAP1 Alliances (Pty) Ltd Primary Acquiring Firm
And
Virtual Payment Solutions (Pty) Ltd and Switchone (Pty) Ltd Primary Target Firms
Panel: S Goga (Presiding Member), M Mazwai (Tribunal Member), F Tregenna (Tribunal Member)
Heard on: 30 May 2023
Decided on: 30 May 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).
Signed by:Sha'ista Goga
Signed at:2023-05-30 11:25:34 +02:00
Reason:Witnessing Sha'ista Goga
Presiding Member Ms Sha’ista Goga
Concurring: Prof Fiona Tregenna and Ms Mondo Mazwai
Date: 30 May 2023
Merger Clearance Certificate
Date: 30 May 2023
To : Webber Wentzel Attorneys
You applied to the Competition Commission on 23 March 2023 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).