Hyundai Automotive v Tangawizi Motors (LM177Jan23) [2023] ZACT 21 (24 March 2023)

70 Reportability
Competition Law

Brief Summary

Competition Law — Merger Approval — Tribunal's unconditional approval of proposed mergers — Greenstreet 1 (Pty) Ltd acquiring Scatec Solar South Africa B.V., Clicks Retailers (Pty) Ltd acquiring H Mallach and Associates (Pty) Ltd t/a M-Kem Pharmacy, and Hyundai Automotive South Africa (Pty) Ltd acquiring Tangawizi Motors (Pty) Ltd — No conditions imposed on any of the mergers, indicating no substantial lessening of competition or negative impact on the market.

Merger Alert
Date of release: 24 March 2023



OUTCOME OF MERGERS DECIDED BY THE TRIBUNAL
Type of
matter Parties involved Tribunal decision
Large
merger
Greenstreet 1 (Pty) Ltd And Scatec Solar South Africa
B.V
Approved without
conditions
Large
merger
Clicks Retailers (Pty) Ltd and H Mallach and
Associates (Pty) Ltd t/a M-Kem Pharmacy
Approved without
conditions
Large
merger
Hyundai Automotive South Africa (Pty) Ltd and
Tangawizi Motors (Pty) Ltd
Approved without
conditions


Greenstreet 1 (Pty) Ltd And Scatec Solar South Africa B.V

The Tribunal has unconditionally approved the proposed merger wherein
Greenstreet 1 (Pty) Ltd (“Greenstreet”) intends to acquire Scatec Solar South
Africa B.V. (“Scatec SSA”).

Greenstreet is a renewable energy investment platform. Its investments are in
relation to solar photovoltaic (solar PV) projects for supplying renewable solar
energy to Eskom in terms of the Department of Mineral Resources and Energy’s
Renewable Energy Independent Power Producer Procurement Programme
(“REIPPPP”).

Scatec Solar South Africa B.V. (“Scatec SSA”) is an investment holding company
that holds an interest in Independent Power Projects (“IPPs”) operating in terms
of the REIPPPP.

Clicks Retailers (Pty) Ltd and
H Mallach and Associates (Pty) Ltd t/a M-Kem Pharmacy

The Tribunal has unconditionally approved the proposed merger wherein Clicks

Retailers (Pty) Ltd (“Clicks Retailers”) will acquire H Mallach and Associates (Pty)
Ltd t/a M-Kem Pharmacy (“M-Kem”).

Clicks Retailers is ultimately owned and controlled by Clicks Group Limited. Of
relevance to the proposed merger is the acquiring group’s activities as: (i) the
owner of Clicks branded pharmacy retail outlets dispensing pharmaceuticals and
front-shop products; and (ii) a pharmaceutical wholesaler and distributor.

M-Kem is a retail pharmacy located in Bellville, Cape Town, and offers a variety
of pharmaceutical products provided through a 24-hour dispensary, as well as
front-shop products. M-Kem also provides an in-store clinic and all-round beauty
therapy services.

Hyundai Automotive South Africa (Pty) Ltd and Tangawizi Motors (Pty)
Ltd

The Tribunal has approved, without conditions, the proposed merger whereby
Hyundai Automotive South Africa (Pty) Ltd (“Hyundai”) intends to acquire the
business of Tangawizi Motors (Pty) Ltd (“Tangawizi”) as a going concern.

The Motus Group, through its subsidiary Hyundai, specialises in the retail of new
and pre-owned passenger vehicles, Light Commercial Vehicles (“LCVs”) and
Medium and Heavy Commercial Vehicles (“CVs”). It is also involved in repairing
Hyundai motor vehicles, selling genuine Hyundai parts and accessories and
providing various other aftermarket and financial products and services. Hyundai
is the only importer and distributor of Hyundai motor vehicles, parts and
accessories in South Africa.

Tangawizi is a multi-franchised dealer of new and used Hyundai, Renault and
Honda passenger vehicles, as well as new and used Hyundai LCVs and CVs,
through a single dealership located in Richards Bay, KwaZulu-Natal. Tangawizi
is also involved in related aftersales of parts, services and vehicle financing.

Issued by:

Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib