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Competition Tribunal · 31 March 2020

Unitrans Automotive and Cedar Isle Auto

CT LM147Jan20 · case LM147Jan20

CourtCompetition Tribunal
Handed downTuesday 31 March 2020
CitationCT LM147Jan20
Case numberLM147Jan20
CoramEnver Daniels, Andreas Wessels, Imraan Valodia

The judgment

The court's own file

competitiontribunal SOUTH AFRICA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM147Jan20 In the matter between: Unitrans Automotive Holdings (Pty) Ltd Primary Acquiring Firm And Cedar Isle Auto (Pty) Ltd Primary Target Firm Panel : E Daniels (Presiding Member) A Wessels (Tribunal Panel Member) : | Valodia (Tribunal Panel Member) Heard on > 31 March 2020 Decided on : 31 March 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). y\~ 31 March 2020 \ Presiding Member Date Mr Enver Daniels Concurring: Mr Andreas Wessels and Prof. Imraan Valodia competitiontribunal SOUTH AFRICA Merger Clearance Certificate Date: 31 March 2020 To: —_ Unitrans Automotive Attorneys (Name and file number of merger:) Unitrans Automotive (Pty) Lid And Cedar Isle Auto (Pty) Ltd Case Number: LM147Jan20 You applied to the Competition Commission on 17 January 2020 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 all 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. [ | 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. °) a firm concerned has breached an obligation attached. to this approval. The registrar, Competition Tribunal: This form is prescribed by the Minister of Trade and Industry in terms of section 27 (2) of the Competition Act 1998 (Act No. 89 of 1998).

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