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South Africa Order

Competition Tribunal

Hyundai Automotive v Tangawizi Motors (LM177Jan23) [2023] ZACT 21 (24 March 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Tribunal found that the proposed merger between Hyundai Automotive South Africa and Tangawizi Motors would not substantially prevent or lessen competition in the market for the retail of Hyundai vehicles, parts, and related services. The transaction does not raise any significant public interest concerns, as Tangawizi will continue to operate as a Hyundai dealership, and there is no evidence of negative effects on employment or consumer choice. Accordingly, the Tribunal approved the merger without conditions.

Court disposition

Merger approved without conditions.

Orders

  • The proposed merger between Hyundai Automotive South Africa (Pty) Ltd and Tangawizi Motors (Pty) Ltd is approved without conditions.

02

Material facts

Parties

Hyundai Automotive South Africa (Pty) Ltd

Applicant

Tangawizi Motors (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Merger Application / Decision

04

Questions and positions

Legal issues

Party arguments

Applicant
Hyundai Automotive South Africa submitted that the acquisition of Tangawizi Motors would not substantially prevent or lessen competition in the market for the retail of new and used Hyundai vehicles, parts, and related services. The applicant argued that the transaction would not result in any negative public interest effects and that Tangawizi's dealership would continue to operate under the Hyundai brand, maintaining consumer choice and service levels.
Respondent
Tangawizi Motors did not oppose the merger and indicated that the transaction would ensure the continued operation of its dealership and enhance its ability to provide services and products to customers. The respondent agreed that the merger would not negatively impact competition or public interest.

05

Court’s reasoning

  1. 01

    Competition Act 89 of 1998

    A merger may be approved if it does not substantially prevent or lessen competition, or if any negative effects can be justified by public interest considerations.

  2. 02

    Hyundai Automotive v Tangawizi Motors (LM177Jan23) [2023] ZACT 21

    The Tribunal must assess whether the proposed transaction will have any adverse effects on competition or public interest in the relevant market.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the proposed merger between Hyundai Automotive South Africa and Tangawizi Motors would not substantially prevent or lessen competition in the market for the retail of Hyundai vehicles, parts, and related services. The transaction does not raise any significant public interest concerns, as Tangawizi will continue to operate as a Hyundai dealership, and there is no evidence of negative effects on employment or consumer choice. Accordingly, the Tribunal approved the merger without conditions.

Obiter and limits

  • The Tribunal notes that the continued operation of Tangawizi Motors under the Hyundai brand will maintain service levels and consumer choice in the Richards Bay area.
  • No adverse effects on employment or public interest were identified in the assessment of this merger.

Court disposition

Merger approved without conditions.

  • The proposed merger between Hyundai Automotive South Africa (Pty) Ltd and Tangawizi Motors (Pty) Ltd is approved without conditions.

Source and reliance status

Competition Tribunal

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Judgment reading view

Judgment text

The complete available source text.

Source document

Competition Tribunal

Order

[2023] ZACT 21

Merger Alert

Date of release: 24 March 2023

LM183Feb23.2023 Clicks Retailers v H Mallach and Associates (24 March 2023)

OUTCOME

OF MERGERS DECIDED BY THE TRIBUNAL

Large merger. Greenstreet 1 (Pty) Ltd And Scatec Solar South Africa B.V

Approved without conditions

Large merger Clicks Retailers (Pty) Ltd and H Mallach and Associates (Pty) Ltd t/a M-Kem Pharmacy

Large merger Hyundai Automotive South Africa (Pty) Ltd and Tangawizi Motors (Pty) Ltd

Greenstreet 1 (Pty) Ltd And Scatec Solar South Africa B.V

The Tribunal has unconditionally approved the proposed merger wherein Greenstreet 1 (Pty) Ltd (“Greenstreet”) intends to acquire Scatec Solar South Africa B.V. (“Scatec SSA”).

Greenstreet is a renewable energy investment platform. Its investments are in relation to solar photovoltaic (solar PV) projects for supplying renewable solar energy to Eskom in terms of the Department of Mineral Resources and Energy’s Renewable Energy Independent Power Producer Procurement Programme (“REIPPPP”).

Scatec Solar South Africa B.V. (“Scatec SSA”) is an investment holding company that holds an interest in Independent Power Projects (“IPPs”) operating in terms of the REIPPPP.

Clicks Retailers (Pty) Ltd and

H Mallach and Associates (Pty) Ltd t/a M-Kem Pharmacy

The Tribunal has unconditionally approved the proposed merger wherein Clicks Retailers (Pty) Ltd (“Clicks Retailers”) will acquire H Mallach and Associates (Pty) Ltd t/a M-Kem Pharmacy (“M-Kem”).

Clicks Retailers is ultimately owned and controlled by Clicks Group Limited. Of relevance to the proposed merger is the acquiring group’s activities as: (i) the owner of Clicks branded pharmacy retail outlets dispensing pharmaceuticals and front-shop products; and (ii) a pharmaceutical wholesaler and distributor.

M-Kem is a retail pharmacy located in Bellville, Cape Town, and offers a variety of pharmaceutical products provided through a 24-hour

dispensary, as well as front-shop products. M-Kem also provides an in-store clinic and all-round beauty therapy services.

Hyundai Automotive South Africa (Pty) Ltd and Tangawizi Motors (Pty) Ltd

The Tribunal has approved, without conditions, the proposed merger whereby Hyundai Automotive South Africa (Pty) Ltd (“Hyundai”)

intends to acquire the business of Tangawizi Motors (Pty) Ltd (“Tangawizi”) as a going concern.

The Motus Group, through its subsidiary Hyundai, specialises in the retail of new and pre-owned passenger vehicles, Light Commercial

Vehicles (“LCVs”) and Medium and Heavy Commercial Vehicles (“CVs”). It is also involved in repairing Hyundai motor vehicles, selling genuine Hyundai parts and accessories and providing various other aftermarket and financial products and

services. Hyundai is the only importer and distributor of Hyundai motor vehicles, parts and accessories in South Africa.

Tangawizi is a multi-franchised dealer of new and used Hyundai, Renault and Honda passenger vehicles, as well as new and used Hyundai LCVs and CVs, through a single dealership located in Richards Bay, KwaZulu-Natal. Tangawizi is also involved in related aftersales of parts, services and vehicle financing.

Issued by:

Gillian de Gouveia, Communications Officer

On behalf of the Competition Tribunal of South Africa

Tel: +27 (0) 12 394 1383

Cell: +27 (0) 82 410 1195

E-Mail: GillianD@comptrib.co.za

Twitter: @comptrib

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Hyundai Automotive v Tangawizi Motors (LM177Jan23) [2023] ZACT 21

Case cited

Competition Act 89 of 1998

Legislation

Legislation referenced in the available case record.

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