Mahindra and Another v Ardour Automotive Private Limited (LM143Jan20) [2020] ZACT 86 (19 February 2020)
- Citation
- [2020] ZACT 86
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- Y Carrim, AW Wessels, F Tregenna
- Case number
- LM143Jan20
More details
- Court
- Competition Tribunal
- Panel
- Y Carrim, AW Wessels, F Tregenna
- Case number
- LM143Jan20
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited complied with all procedural requirements under the Competition Act. There was no evidence that the merger would substantially prevent or lessen competition in any relevant market. The Commission recommended approval, and the Tribunal concurred, ordering approval of the merger and the issuance of a Merger Clearance Certificate.
Court disposition
Merger approved and clearance certificate ordered.
Orders
- The merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited is approved in terms of section 16(2)(a) of the Competition Act.
- A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).
02
Material facts
Parties
Mahindra and Mahindra Limited
ApplicantArdour Automotive Private Limited
Respondent03
Procedural history
Posture
Merger Application / Final Determination
04
Questions and positions
Legal issues
- 01
Whether the proposed merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited should be approved under the Competition Act.
- 02
Whether the merger notification and clearance procedures under the Act have been properly followed.
Party arguments
- Applicant
- The applicant submitted that the merger meets all requirements under the Competition Act and does not substantially prevent or lessen competition. The parties complied with notification procedures and requested approval and clearance.
- Respondent
- The respondent did not oppose the merger and confirmed compliance with the notification and procedural requirements under the Competition Act.
05
Court’s reasoning
Legal principles
- 01
Competition Act, 1998, section 16(2)(a)
A merger may be approved if it does not substantially prevent or lessen competition and all procedural requirements are met.
- 02
Competition Tribunal Rule 35(5)(a)
The Tribunal must issue a Merger Clearance Certificate upon approval of a merger in accordance with its rules.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited complied with all procedural requirements under the Competition Act. There was no evidence that the merger would substantially prevent or lessen competition in any relevant market. The Commission recommended approval, and the Tribunal concurred, ordering approval of the merger and the issuance of a Merger Clearance Certificate.
Court disposition
Merger approved and clearance certificate ordered.
- The merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited is approved in terms of section 16(2)(a) of the Competition Act.
- A Merger Clearance Certificate is to be issued in terms of Competition Tribunal Rule 35(5)(a).
Source and reliance status
Competition Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Competition Tribunal
Order
COMPETITION
TRIBUNAL OF SOUTH AFRICA
Case No.: LM143Jan20
In the matter between:
Mahindra and Mahindra Limited Primary Acquiring Firm
And
Ardour Automotive Private Limited Primary Target Firm
Panel: Y Carrim (Presiding Member)
AW Wessels (Tribunal Panel Member)
F Tregenna (Tribunal Panel Member)
Heard on: 19 February 2020
Decided on: 19 February 2020
ORDER
Further to the recommendation of the Competition Commission in terms of section 14A(1)(b) of the Competition Act, 1998 ("the Act") the Competition Tribunal orders that-
1. the merger between the abovementioned parties be approved in terms of section 16(2)(a) of the Act; and
2. a Merger Clearance Certificate be issued in terms of Competition Tribunal Rule 35(5)(a).
Presiding Member Ms Yasmin Carrim
Concurring: Mr Andreas Wessels and Prof. Fiona Tregenna
Date: 19 February 2020
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