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Date of release: 26 May 2021
OUTCOME OF MATTERS CONSIDERED BY THE TRIBUNAL
Type of matter Parties involved Commission's recommendation to the Tribunal Tribunal decision
Large merger NMI Durban South Motors (Pty) Ltd And Barloworld Motor Retail Business, a business conducted by Barloworld South Africa (Pty) Ltd Approval with conditions Approved with conditions
Large merger IQ Business (Pty) Ltd And Tamirox (Pty) Ltd Approval without conditions Approved without conditions
NMI’s acquisition of the Barloworld Motor Retail Business approved with supplier development programme conditions
 
The Tribunal has approved the acquisition of control by NMI Durban South Motors (Pty) Ltd (“NMI”) over the Barloworld Motor Retail Business as conducted by Barloworld South Africa (Pty) Ltd (“Barloworld SA”) and other members of the Barloworld Group in respect of the motor retail sector (“the target firm”).
 
The acquisition has been approved with the following public interest conditions, among others:
 
  • Barloworld SA and NMI shall ensure that the merged entity continues to participate in the Barloworld Supplier Development Programme for a period of 2 (two) years following the implementation date of the proposed transaction;
  • during the abovementioned period, the merged entity shall develop its own Supplier Development Programme which will replace the target firm’s participation in Barloworld’s Supplier Development Programme; and
  • in furtherance of above condition, the merged entity shall contribute a minimum of a certain percentage of its profit after taxation to the Supplier Development Programme, subject to certain criteria.
 
NMI’s principal business consists of the retailing of new and used motor vehicles as well as vehicle servicing and the provision of parts.
 
The activities of the Barloworld Motor Retail Business include trading in new and used motor vehicles, after-sales services, finance and insurance products, customer services and other ancillary services.
 
 
Tribunal approves merger in the market for the provision of IT software services as well as consulting services
 
The Tribunal has approved the large merger through which IQ Business (Pty) Ltd (“IQ Business”) will acquire shares in Tamirox (Pty) Ltd (“Tamirox”). Post-merger, IQ Business will control Tamirox and its subsidiaries.
 
The transaction has been approved without conditions as it does not raise any competition or public interest concerns.
 
IQ Business is an independent management consulting firm in South Africa. It provides solutions to challenges that businesses face by assisting teams to design and implement solutions (“consulting”); deploying its employees to fill a skills gap (“contracting”); and leveraging methodologies, best practices and benchmarks developed internally or from its partners (“research”). IQ Business provides these solutions through various practices including process innovation, technology enablement, analytics and human performance, among others.
 
Tamirox is a holding entity and does not have any business activities. It holds shares in IQT Business Solutions (Pty) Ltd (“IQTBS”), a niche consulting and software development ICT company that develops and maintains custom built software solutions and outsourced/co-sourced development services. ITQBS provides its services to various clients including leading banks, insurance companies and healthcare administrators.
 
Issued by:

Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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Our mailing address is:
ctsa@comptrib.co.za

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