Merger Alert: Outcome of mergers decided by the Tribunal - 26 June 2024
The following Merger Alert is for information purposes only and is not binding on the Competition Tribunal or any member of the Tribunal
| Type of matter | Parties involved | Tribunal Decision |
| Large merger | Prax South Africa (Pty) Ltd And National Petroleum Refiners of South Africa (Pty) Ltd | Approved with conditions |
| Large merger | Ndalamo Coal (Pty) Ltd And Mbokodo Mining (Pty) Ltd
| Approved without conditions |
| Large merger | Bidshelf 93 Proprietary Limited (to be Renamed Bidvest Automotive Holdings Proprietary Limited) And Dekra Automotive Proprietary Limited | Approved with conditions |
Prax South Africa (Pty) Ltd And National Petroleum Refiners of South Africa (Pty) Ltd
The Competition Tribunal (“Tribunal”) has approved the proposed merger whereby Prax South Africa (Pty) Ltd (“Prax SA” / “acquiring group”) intends to acquire TotalEnergies Marketing South Africa (Pty) Ltd’s interest in National Petroleum Refiners of South Africa (Pty) Ltd (“Natref”).
The Tribunal has approved the proposed transaction subject to conditions which involve historically disadvantaged persons (“HDP”) transaction(s) and capital expenditure commitments.
The acquiring group is involved in the production, supply, storage, refining and distribution of crude oil, petroleum products and biofuels in the United Kingdom. The acquiring group does not have any operations in South Africa or neighbouring countries.
Natref’s primary business is to refine petroleum feedstock into finished and unfinished petroleum and petrochemical products.
Ndalamo Coal (Pty) Ltd And Mbokodo Mining (Pty) Ltd
The Tribunal has unconditionally approved the merger whereby Ndalamo Coal (Pty) Ltd (“Ndalamo Coal”) intends to acquire Mbokodo Mining (Pty) Ltd (“Mbokodo”).
Ndalamo Coal is a wholly owned subsidiary of Ndalamo Resources. Through its coal mines, the acquiring group produces and sells thermal coal.
Mbokodo is jointly controlled by Lithemba Wonderfontein Coal (Pty) Ltd ("Lithemba") and Umcebo Mining (Pty) Ltd ("Umcebo"). Mbokodo operates the Wonderfontein Colliery in Mpumalanga, which colliery supplies thermal coal production to Eskom.
Bidshelf 93 (Pty) Ltd (to be renamed Bidvest Automotive Holdings Proprietary Limited) And
Dekra Automotive (Pty) Ltd
The Tribunal has approved the proposed merger wherein Bidshelf 93 (Pty) Ltd (to be renamed Bidvest Automotive Holdings Proprietary Limited) intends to acquire Dekra Automotive (Pty) Ltd.
The Tribunal has approved the proposed merger with conditions relating to the procurement and supply of services, as well as the exchange of competitively sensitive information.
Relevant to this merger, the acquiring group is involved in the sale of new and used passenger vehicles, light commercial vehicles and heavy commercial vehicles across South Africa.
Dekra is active in the provision of automotive testing, inspection, and certification services (“VTS services”) through vehicle inspection and testing stations in South Africa. Dekra provides various services such as certification services, condition reports and technical inspection checks.
Issued by:
Gillian de Gouveia, Communications Manager
On behalf of the Competition Tribunal of South Africa
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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