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Outcome of Mergers Decided by the Tribunal

Virgin Active South Africa Group (Pty) Ltd And Kauai Juice (Pty) Ltd, Kauai Smart Meals (Pty) Ltd and Nu Health Café (Pty) Ltd

The Tribunal has unconditionally approved the large merger between Virgin Active South Africa Group (“VASAG”) and Kauai Juice (Pty) Ltd (“Kauai Juice”), Kauai Smart Meals (Pty) Ltd (“Kauai Smart Meals”) and Nu Health Café (Pty) Ltd (“Nu”). In terms of the proposed transaction, VASAG will acquire the target firms from Real Foods (Pty) Ltd (“Real Foods”).

The Tribunal has concluded that the proposed transaction is unlikely to substantially prevent or lessen competition in any relevant market in South Africa. Furthermore, the proposed transaction raises no public interest concerns.

The Virgin Active Group operates health clubs, offering a range of fitness and wellness services through the Virgin Active brand. The target firms provide a healthy food and beverage offering through medium and large retails stores, as well as inside Virgin Active clubs.

Chamber Lane Properties 3 (Pty) Ltd And  Motus Group Ltd in respect of the rental enterprise known as Motus Meadowview

The Tribunal has unconditionally approved the merger between Chamber Lane Properties 3 (Pty) Ltd (“Chamber Lane Properties 3”) and Motus Group Ltd (“Motus Group”) in respect of the rental enterprise known as Motus Meadowview. Upon implementation of the merger, the target property will be controlled by Chamber Lane Properties 3.

The acquiring group is active as a listed Real Estate Investment Trust (“REIT”) and the target property is a light industrial property located in Linbro Park, Sandton.

Pharma-Q Holdings (Pty) Ltd and Imperial Logistics Limited And  Ascendis Pharma (Pty) Ltd, Alliance Pharma (Pty) Ltd, Pharmachem Pharmaceuticals (Pty) Ltd; Medicine Developers International (Pty) Ltd

The Tribunal has conditionally approved the large merger whereby Pharma Q Holdings (Pty) Ltd (“Pharma Q”) and Imperial Logistics (Pty) Ltd (“Imperial Logistics”) intend to acquire Ascendis Pharma (Pty) Ltd (“Ascendis Pharma”), Alliance Pharma (Pty) Ltd (“Alliance Pharma”), Medicine Developers International (Pty) Ltd (“Medicine Developers”) and Pharmachem Pharmaceuticals (Pty) Ltd (“Pharmachem Pharmaceuticals”). Post-merger, Pharma Q and Imperial Logistics will jointly control the target firms.

Pharma-Q is a pharmaceutical intellectual property and brand owner and a manufacturer of pharmaceutical products for the private and public sectors, with its primary focus on the hospital market. Imperial Logistics is a transport and logistics provider in various African countries, and also a provider of contract logistics and freight services.

The target firms are active in the marketing, supply and distribution of prescription and over-the-counter medicines.

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