Download PDF

South Africa Order

Competition Tribunal

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

On this page

Professional case brief

Research organized from the available case record

Source document

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

Applicant

Ardour Automotive Private Limited

Respondent

03

Procedural history

  1. Posture

    Merger Application / Final Determination

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

Source document

Competition Tribunal

Order

[2020] ZACT 86

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act, 1998

Legislation

Legislation referenced in the available case record.

Competition Tribunal Rule 35(5)(a)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.