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TC: Upcoming Tribunal hearings: Wednesday, 4 September 2019


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TC: Upcoming Tribunal hearings: Wednesday, 4 September 2019

TC: Upcoming Tribunal hearings: Wednesday, 4 September 2019
Photo by Supplied by Competition Tribunal

3rd September 2019

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The Tribunal will hear a proposed merger whereby RO Metrics Trading (Pty) Ltd (RO Metrics) seeks to acquire the passenger vehicle dealership business and related assets of Auto Motorsport t/a Leo Haese Centurion.
 
RO Metrics is controlled by Barloworld Motor Retail South Africa, a division of Barloworld SA which is, in turn, a wholly owned subsidiary of Barloworld Ltd. Barloworld is a public company with its primary listing on the JSE and secondary listings on the London and Namibian stock exchanges. Barloworld shares are widely held, and the company is not controlled by any firm. Of relevance to the proposed transaction is the fact that RO Metrics owns a BMW dealership in the Fountains area in Pretoria.
 
Leo Haese Centurion is owned and controlled by Auto Motorsport. Auto Motorsport is owned by the Leo Haese Family Trust.
 
In its analysis of the transaction, the Commission found that the merging parties are both active in the retail of new passenger vehicles (under the BMW/Mini brands), the retail of used passenger vehicles, the sale of aftermarket parts and the provision of aftersales service and maintenance work.
 
The Commission also assessed the impact of the transaction in the markets for:
the sale of new passenger vehicles in Tshwane;
passenger vehicles in mid-tier to luxury level vehicles in Tshwane;
the sale of new passenger vehicles within an 80km radius of the target dealership;
the market for the sale of used passenger vehicles in Tshwane;
the sale of used passenger vehicles in Gauteng;
the sale of used passenger vehicles within South Africa;
the provision of aftersales BMW/Mini spare parts in Tshwane and maintenance of vehicles with service plans and still under warranty; and
the provision of aftersales servicing and maintenance of vehicles for BMW/Mini vehicles in Tshwane.
The Commission found, among others, that the merging parties will continue to face competition; that the proposed merger is unlikely to substantially prevent or lessen competition; and that it is unlikely to significantly change the structure of the market. It has recommended that the merger be approved without conditions.
 
Tribunal to hear proposed merger in market for Gauteng casino venues/complexes
 
In this transaction, the hospitality and entertainment company, Peermont (Pty) Ltd, seeks to acquire LCI (Overseas) Investments (Pty) Ltd.
 
Peermont is a hospitality and entertainment company that owns and operates casino complexes and short-term accommodation and conference facilities in South Africa and Botswana. In South Africa, Peermont operates eight casino complexes. Of relevance to the proposed transaction is Emperor’s Palace located in Gauteng.
 
LCI operates a casino complex in South Africa through Emerald Safari Resort (Pty) Ltd (Emerald). Emerald also provides short-term accommodation and conferencing facilities.
 
The Commission, which assesses large mergers before referring such to the Tribunal for adjudication, found that the proposed transaction is unlikely to substantially affect the structure of the casino market in Gauteng. It also found that the transaction does not raise any employment concerns and has recommended that the merger be approved without conditions.
 
Unconditional approval recommended in transaction involving
aluminium rolling slab business  
 
In this proposed merger, Hulamin Ltd, through its subsidiary Hulamin Systems/SlabCo, intends to acquire the aluminium rolling slab business of Isizinda Aluminium (Pty) Ltd.
 
While SlabCo is currently a dormant firm, Hulamin operates plants in Pietermaritzburg and Midrand that produce aluminium flat rolled products, aluminium extrusions and rigid foil containers. Hulamin sources most of its aluminium from South32 Hillside’s smelter and Isizinda.
 
Isizinda’s rolling slab business procures liquid aluminium from a smelter located in Hillside and adds various alloying elements to produce rolling slabs of differing types and sizes. Its total rolling slab output is supplied to Hulamin.
 
In its assessment, the Commission found that that the proposed transaction does not give rise to any customer or input foreclosure concerns. It concluded that the merger is unlikely to prevent or lessen competition in any relevant market. The Commission also found that there were no public interest concerns. It has recommended that the merger be approved without conditions.
 
Senwes in bid for control of Grainovation
 
Agricultural company, Senwes Ltd seeks to acquire Grainovation (Pty) Ltd, a logistics company that specialises in the transportation of grain.
 
Senwes provides input supplies, storage, handling, financing, insurance and trading services to grain producers.
 
The Commission found that the proposed transaction raises no competition or public interest concerns and has recommended that the merger be approved without conditions.
 

Issued by The Competition Tribunal

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