Toyota Motor Corporation (Japan) and Toy

The judgment

The court's own file

COMPETITION TRIBUNAL REPUBLIC OF SOUTH AFRICA Case No: 61/LM/Aug02 In the large merger between: Toyota Motor Corporation (Japan) and Toyota South Africa (Pty) Ltd Order Further to the recommendation of the Competition Commission in terms of section 14A(1)(b), the Competition Tribunal orders that — 1. the merger between Toyota Motor Corporation (Japan) and Toyota South Africa (Pty) Ltd be approved in terms of section 16(2)(a); and 2. a Merger Clearance Certificate be issued in terms of Competition Tribunal rule 35(5)(a). 23 September 2002 D.H. L Date Concurring: N. Manoim, P. Maponya competitiontribunal sont africa Merger Clearance Certificate 23-Sep-2002 Date: To: (Name and file number of merger:) Toyota Motor Corporation (Japan) and Toyota South Africa (Pty) Ltd Case no.: 64/LM/Jul02 You applied to the Competition Commission on 06-Aug-2002 for merger approval in accordance with Chapter 3 of the Competition Act. Your merger was referred to the Competition Tribunal in terms of section 14A of the Act, or was the subject of a Request for Consideration by the Tribunal in terms of section 16(1) of the Act. After reviewing ail relevant information, and the recommendation or decision of the Competition Commission, the Competition Tribunal approves the merger in terms of section 16(2) of the Act, for the reasons set out in the Reasons for Decision. This approval is subject to: no conditions. Cc] the conditions listed on the attached sheet. The Competition Tribunal has the authority in terms of section 16(3) of the Competition Act to revoke this approval if (a) it was granted on the basis of incorrect information for which a party to the merger was responsible. (b) the approval was obtained by deceit. (c) a firm concerned has breached an obligation attached to this approval. (y The ca se Teypanar A Thi farm ie nreccrihed hy the Minictar nf Trade and Inductey in terme of! eartinn 97: (7) af the Camnetitinn Art 190R fArt Na RO af 1990R)