Aerospatiale Matra SA and Daimlerchrysler Aerospace AG (48/LM/Apr00) [2000] ZACT 26 (15 June 2000)

Aerospatiale Matra SA and Daimlerchrysler Aerospace AG (48/LM/Apr00) [2000] ZACT 26 (15 June 2000)

The Tribunal found that, although Aerospatiale Matra SA and DaimlerChrysler Aerospace AG have overlapping products, these are sold in South Africa through jointly owned entities, meaning the parties were not competitors in the local market prior to the merger. As a result, the merger does not affect market shares or competition in South Africa. Furthermore, no public interest concerns under section 26(3) were identified. The merger was therefore approved without conditions.

Citation
[2000] ZACT 26
Parties
Applicant: Aerospatiale Matra SA; Respondent: Daimlerchrysler Aerospace AG
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
15 June 2000
Case Number
48/LM/Apr00
Procedural Posture
Large Merger / Merger Clearance Decision
Outcome
Merger approved without conditions.
Judges
N.M Manoim, C. Qunta, U. Bhoola
Legal Topics
Large Merger Review, Market Share Analysis, Public Interest Considerations
Competition Law Commercial and Corporate Large Merger Review Market Share Analysis Public Interest Considerations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Aerospatiale Matra SA

Applicant

Daimlerchrysler Aerospace AG

Respondent

Procedural Posture

Large Merger / Merger Clearance Decision

Legal Issues

  1. 1 Does the merger between Aerospatiale Matra SA and DaimlerChrysler Aerospace AG substantially prevent or lessen competition in the South African market?
  2. 2 Does the merger raise any public interest concerns under section 26(3) of the Competition Act?

Ratio Decidendi

The Tribunal found that, although Aerospatiale Matra SA and DaimlerChrysler Aerospace AG have overlapping products, these are sold in South Africa through jointly owned entities, meaning the parties were not competitors in the local market prior to the merger. As a result, the merger does not affect market shares or competition in South Africa. Furthermore, no public interest concerns under section 26(3) were identified. The merger was therefore approved without conditions.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Aerospatiale Matra SA and DaimlerChrysler Aerospace AG is approved unconditionally.
  • A Merger Clearance Certificate is issued.