Government Notice No. 1330 of 2020

Competition Act (89/1998), as amended » Notice of Application for an Exemption

Title	Competition Act (89/1998), as amended » Notice of Application for an Exemption
Department	Trade and Industry
Gazette	National Gazettes, No. 43981 of 11 December, 2020, 2 page(s), 130Kb

STAATSKOERANT, 11 DESEMBER 2020                       No. 43981    95

DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION
          NO. 1330                                                                          11 DECEMBER 2020
          
                    NOTICE IN TERMS OF SECTION 10(6) OF THE COMPETITION ACT NO. 89 OF 1998 (AS
                            AMENDED)  BY VARIOUS INDEPENDENT CHROME ORE PRODUCERS

THE COMPETITION COMMISSION OF SOUTH AFRICA

NOTICE OF APPLICATION FOR AN EXEMPTION

1.  Notice is hereby given in terms of section 10(6)(a) of the Competition Act, No. 89 of 1998, as
                       amended (the “Act”) by the following entities:

1.1.   Rustenburg Platinum Mines Limited and Atomatic Trading Proprietary Limited;
                                                                                               1
                       1.2.   Assore Limited and its subsidiaries, including but not limited to: Dwarsrivier Chrome
                              Mine Proprietary Limited and Ore & Metal Company (collectively, “Assore”);
                       1.3.   Bauba Resources Limited and  the firms controlled thereby,  whether directly or
                              indirectly;
                       1.4.   Chrometco Limited and the firms controlled thereby, whether directly or indirectly;
                       1.5.   Impala Platinum Holdings Limited and the firms controlled thereby, whether directly or
                              indirectly;
                       1.6.   Northam  Platinum Limited and  the firms controlled thereby,  whether  directly or
                              indirectly;
                       1.7.   Sibanye-Stillwater Limited and  the firms controlled thereby, whether  directly  or
                              indirectly;
                       1.8.   Siyanda Resources Proprietary Limited and the firms controlled thereby,  whether
                              directly or indirectly; and
                       1.9.   Tharisa plc,  including its  subsidiaries:  Tharisa  Minerals  Proprietary  Limited,  Arxo
                              Resources Limited and Arxo Metals Proprietary Limited.

2.  The above-named entities are hereinafter referred to collectively as Independent Chrome Ore
                       Producers  (“ICOPs”)  or  the (‘Applicants”).  The ICOPs,  on behalf  of  whom  the present
                       application is lodged, are not members of any association which has been formed for purposes
                       of the present Application. The Applicants engage among other things, in mining and production
                       of chrome  ore, a key  input  which is  required to  produce ferrochrome.  The  majority of
                       ferrochrome is used in the production of stainless steel and the balance is used in other types
                       of steel production.

3.  The application is submitted in terms of section 10(1)(b) of the Competition Act, which section
                       provides that a firm may make an application to the Competition Commission (“Commission”)
                       to be exempted from the application of Chapter 2 of the Competition Act.  The exemption is
                       requested for  a period of  two years, commencing  on  and from  the  date  on  which the

1  With both such entities being subsidiaries, alternatively, affiliates of Anglo American Platinum    Limited.

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Government Notice No. 1330 of 2020

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