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The Tribunal has issued an order granting Northam Platinum Holdings Limited (“Northam”) leave to participate in the large merger proceedings before the Tribunal involving Impala Platinum Holdings Limited ("Implats") and Royal Bafokeng Platinum Limited ("RBPlat").
 
Both Implats and RBPlat opposed Northam’s intervention application which was heard by the Tribunal earlier this month.
 
The Competition Commission (“the Commission”), which investigates large mergers before referring such to the Tribunal for a decision, recommended to the Tribunal that the proposed merger be approved with conditions and is abiding by the Tribunal’s decision in respect of the intervention application.
 
Scope of intervention 
 
Northam’s participation in the merger proceedings will be limited to making written and oral submissions on the following potential theories of harm:

the vertical effects of the proposed merger, including the effect on competition in the local upstream market for the production and sale of primary concentrate; and

the extent to which the merger effects could be prejudicial to junior miners in South Africa.

In terms of the Tribunal’s order, Northam's independent legal representatives and economic advisors are granted access to the confidential version of the Commission’s merger recommendations, subject to certain confidentiality undertakings.

Issued by Gillian de Gouveia, Communications Officer on behalf of the Competition Tribunal of South Africa