Outcome of cases heard by the Tribunal - 8 April 2020
| Type of matter | Parties involved | Commission’s recommendation to the Tribunal | Tribunal Decision |
| Large merger | Unitrans Automotive (Pty) Ltd And WhiteHouse Motors (Pty) Ltd | Approve without conditions | Approved without conditions |
| Large merger | Flameup Investments (Pty) Ltd And Fistgen Investment (Pty) Ltd in Respect of the Letting Enterprise Known as River Crescent Centre | Approve without conditions | Approved without conditions |
Unitrans Automotive to acquire CMH Toyota Melrose dealership
The Tribunal has unconditionally approved the merger whereby Unitrans Automotive (Pty) Ltd will acquire CMH Toyota Melrose Dealership of Whitehouse (Pty) Ltd as a going concern. Post-merger, Unitrans will control CMH Toyota Melrose.
Unitrans operates one of the biggest automotive dealer networks in South Africa. Its dealerships include Toyota, BMW and Ford vehicle brands. The main product and service offerings of Unitrans’ dealerships include the sale of new and pre-owned vehicles, parts and accessories and after-market services. The dealerships also assist customers with acquiring consumer credit, insurance products, fleet management services and car rentals.
CMH Toyota Melrose sells Toyota motor vehicles including new passenger and light commercial vehicles as well as pre-owned motor vehicles. It also provides Toyota branded parts and accessories, tyres, services and repairs of Toyota branded vehicles. CMH Toyota Melrose also acts as an intermediary in the provision of finance and insurance services.
In its assessment, the Commission was of the view that the transaction is unlikely to substantially prevent or lessen competition due to the presence of significant competition in all relevant markets and because the transaction does not give rise to any significant increases in market shares.
In relation to public interest considerations, the Commission found that: there will be no job losses as a result of the merger; the transaction will have a positive effect on the levels of ownership by firms controlled by historically disadvantaged individuals; and the merged entity will continue to do business with SMEs.
Flameup Investments acquires retail community shopping centre in Mpumalanga
The Tribunal has approved, without conditions, the merger whereby property holding company, Flameup Investments (Pty) Ltd, will acquire the retail community shopping centre known as River Crescent Centre as a going concern from Festigen Investments (Pty) Ltd.
Flameup Investments (and the firms directly and indirectly controlling it) is a property holding, investment and management group with a portfolio comprising retail, residential and office properties across South Africa.
The Commission, which assesses large mergers before referring them to the Tribunal for a decision, concluded that the transaction is unlikely to lessen or prevent competition in any market. In addition, the Commission found that the merger does not raise any public interest concerns. It therefore recommended that the merger be approved without conditions.
Issued by:
Gillian de Gouveia
Communications Officer
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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