Merger Alert: Outcome of mergers decided by the Tribunal - 28 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 | Attacq Waterfall Investment Company (Pty) Ltd And an undivided share held by Att MOA 20 (Pty) Ltd in the Mall of Africa | Approved without conditions |
| Large merger | Luvon Investments (Pty) Ltd And Vergelegen Property Investments (Pty) Ltd | Approved with conditions |
Attacq Waterfall Investment Company (Pty) Ltd And
An undivided share held by Att MOA 20 (Pty) Ltd in the Mall of Africa
The Competition Tribunal (“Tribunal”) has unconditionally approved the merger wherein Attacq Waterfall Investment Company (Pty) Ltd (“AWIC”) intends to acquire an undivided share in Mall of Africa (“Mall of Africa” / “target business”) from Att MOA (Pty) Ltd (“Att MOA 20”).
Attacq operates as a Real Estate Investment Trust (“REIT”) and is listed on the Johannesburg Stock Exchange. It invests in, manages and develops a portfolio of real estate assets. Its property portfolio comprises shopping malls, offices, hotels, logistics and distribution centres, as well as a minor holding in residential property.
The target business comprises an undivided share in Mall of Africa, a shopping mall located in Waterfall City, Midrand, in Gauteng. Mall of Africa is classified as a super-regional retail property.
Luvon Investments (Pty) Ltd And
Vergelegen Property Investments (Pty) Ltd
The Tribunal has approved, subject to a public interest condition, the proposed merger whereby Luvon Investments (Pty) Ltd (“Luvon”) intends to acquire shares in Vergelegen Property Investment (Pty) Ltd (“VPI”).
The acquiring group’s activities, relevant for the assessment of the proposed transaction, are property sector activities, particularly in the provision of rentable property with a portfolio comprising commercial, residential and agricultural property across South Africa.
VPI is an investment holding company that is active in the markets for the investment and development of retail property. VPI’s property portfolio consists of Vergelegen Plein, a retail neighbourhood centre situated in the Western Cape.
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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