Mahindra and Another v Ardour Automotive Private Limited (LM143Jan20) [2020] ZACT 86 (19 February 2020)

Mahindra and Another v Ardour Automotive Private Limited (LM143Jan20) [2020] ZACT 86 (19 February 2020)

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.

Citation
[2020] ZACT 86
Parties
Applicant: Mahindra and Mahindra Limited; Respondent: Ardour Automotive Private Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
19 February 2020
Case Number
LM143Jan20
Procedural Posture
Merger Application / Final Determination
Outcome
Merger approved and clearance certificate ordered.
Judges
Y Carrim, AW Wessels, F Tregenna
Legal Topics
Merger Clearance, Competition Act Section 16, Merger Notification, Tribunal Procedure
Competition Law Merger Clearance Competition Act Section 16 Merger Notification Tribunal Procedure

Case Brief

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Parties

Mahindra and Mahindra Limited

Applicant

Ardour Automotive Private Limited

Respondent

Procedural Posture

Merger Application / Final Determination

Legal Issues

  1. 1 Whether the proposed merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited should be approved under the Competition Act.
  2. 2 Whether the merger notification and clearance procedures under the Act have been properly followed.

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.

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).