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National Union of Metalworkers of South Africa v Vitol Emerald Bidco (Pty) Ltd and Others (LM196Mar23/INT136Nov23) [2024] ZACT 1 (15 January 2024)

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COMPETITION TRIBUNAL OF SOUTH AFRICA

Case No.: LM196Mar23/INT136Nov23

In the intervention application of:

NATIONAL UNION OF METALWORKERS OF	Applicant
SOUTH AFRICA (NUMSA)

And

VITOL EMERALD BIDCO (PTY) LTD	First Respondent

ENGEN LIMITED (PTY) LTD	Second Respondent

COMPETITION COMMISSION OF SOUTH AFRICA	Third Respondent

THE DEPARTMENT OF TRADE, INDUSTRY AND	Fourth Respondent
COMPETITION

ASTRON ENERGY (PTY) LTD	Fifth Respondent

SASOL LIMITED	Sixth Respondent

CHEMICAL, ENERGY, PAPER PRINTING, WOOD	Seventh Respondent
AND ALLIED WORKERS UNION

In re the large merger between:

VITOL EMERALD BIDCO (PTY) LTD	Primary Acquiring Firm

And

ENGEN LIMITED (PTY) LTD	Primary Target Firm

Panel:	M Mazwai (Presiding Member)
	AW Wessels (Tribunal Member)
	L Mncube (Tribunal Member)
Heard on:	11 January 2024
Order Issued on:	15 January 2024

ORDER

Having read the papers of record and heard counsel for the parties, the Competition Tribunal ("Tribunal") orders as follows:

1. NUMSA is granted leave to intervene in the merger proceedings between the First and Second Respondents under case number LM196Mar23, to make oral and written submissions on the following two considerations:

1.1. Employment; and

1.2. Employment Equity Ownership.

2. The merging parties are ordered to pay the costs of NUMSA's application.

Presiding Member 15 January 2024

Ms Mondo Mazwai Date

Concurring: Prof. Liberty Mncube and Mr Andreas Wessels