ET Cayman Holdings LTD and The Emission Technology Business of Arvin Meritor Inc (30/LM/Mar07) [2007] ZACT 34 (11 May 2007)

ET Cayman Holdings LTD and The Emission Technology Business of Arvin Meritor Inc (30/LM/Mar07) [2007] ZACT 34 (11 May 2007)

The Tribunal found that there is no overlap in the activities of the merging parties, as JP Morgan Chase & Co, through its subsidiary One Equity Partners, is not active in the emissions business. The acquisition does not affect competition in the relevant market for car exhaust systems for original equipment manufacturers, nor does it impact the aftermarket segment. The transaction does not raise any significant public interest concerns, such as job losses. Accordingly, the Tribunal approved the merger unconditionally.

Citation
[2007] ZACT 34
Parties
Applicant: ET Cayman Holdings LTD; Respondent: The Emission Technology Business of Arvin Meritor Inc
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
11 May 2007
Case Number
30/LM/Mar07
Procedural Posture
Merger Notification / Approval
Outcome
Merger unconditionally approved.
Judges
Y Carrim, N Manoim, M Mokuena
Legal Topics
Merger Control, Substantial Lessening of Competition, Public Interest, Market Definition
Competition Law Merger Control Substantial Lessening of Competition Public Interest Market Definition

Case Brief

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Parties

ET Cayman Holdings LTD

Applicant

The Emission Technology Business of Arvin Meritor Inc

Respondent

Procedural Posture

Merger Notification / Approval

Legal Issues

  1. 1 Whether the proposed merger would substantially prevent or lessen competition in the relevant market.
  2. 2 Whether the transaction raises any significant public interest concerns.

Ratio Decidendi

The Tribunal found that there is no overlap in the activities of the merging parties, as JP Morgan Chase & Co, through its subsidiary One Equity Partners, is not active in the emissions business. The acquisition does not affect competition in the relevant market for car exhaust systems for original equipment manufacturers, nor does it impact the aftermarket segment. The transaction does not raise any significant public interest concerns, such as job losses. Accordingly, the Tribunal approved the merger unconditionally.

Court Disposition

Merger unconditionally approved.

Orders

  • The proposed acquisition by ET Cayman Holdings Ltd of the Emission Technology Business of Arvin Meritor Inc is unconditionally approved.