Hulamin Operations (Pty) Ltd v Hullet-Hydro Extrusions (Pty) Ltd (101/LM/Sep08) [2008] ZACT 110 (11 December 2008)

Hulamin Operations (Pty) Ltd v Hullet-Hydro Extrusions (Pty) Ltd (101/LM/Sep08) [2008] ZACT 110 (11 December 2008)

The Tribunal found that the proposed transaction would not result in any material change to the market structure or market shares due to the pre-existing relationship between Hulamin Operations and Hullet-Hydro Extrusions. The overlap in activities was limited and did not raise competition concerns. No significant public interest issues were identified. Accordingly, the merger was approved as it was unlikely to substantially prevent or lessen competition or negatively affect public interest.

Citation
[2008] ZACT 110
Parties
Applicant: Hulamin Operations (Pty) Ltd; Respondent: Hullet-Hydro Extrusions (Pty) Ltd; Respondent: Hydro Aluminium (SA) (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
11 December 2008
Case Number
101/LM/Sep08
Procedural Posture
Merger Application / Decision on Approval
Outcome
Merger approved without conditions.
Judges
D Lewis, Y Carrim, T Orleyn
Legal Topics
Merger Control, Market Structure, Public Interest, Substantial Prevention or Lessening of Competition
Competition Law Merger Control Market Structure Public Interest Substantial Prevention or Lessening of Competition

Case Brief

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Parties

Hulamin Operations (Pty) Ltd

Applicant

Hullet-Hydro Extrusions (Pty) Ltd

Respondent

Hydro Aluminium (SA) (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Decision on Approval

Legal Issues

  1. 1 Whether the proposed merger will 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 the proposed transaction would not result in any material change to the market structure or market shares due to the pre-existing relationship between Hulamin Operations and Hullet-Hydro Extrusions. The overlap in activities was limited and did not raise competition concerns. No significant public interest issues were identified. Accordingly, the merger was approved as it was unlikely to substantially prevent or lessen competition or negatively affect public interest.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Hulamin Operations (Pty) Ltd and Hullet-Hydro Extrusions (Pty) Ltd is approved unconditionally.