A.P. Eagers Limited (AP Eagers) sought merger authorisation for its proposed acquisition of all of the shares of Automotive Holdings Group Limited (AHG) that it did not already own (proposed acquisition).
AP Eagers and AHG both supply new and used cars, trucks and buses, as well as associated products and services such as car repair and servicing, authorised car parts, insurance and finance in various parts of Australia, including Brisbane, Melbourne, Sydney and the Newcastle/Hunter Valley region of New South Wales.
On 24 June 2019, the ACCC released a market feedback letter summarising issues raised by interested parties and setting out the preliminary views of the ACCC. The ACCC’s preliminary view was that the proposed acquisition was likely to substantially lessen competition in the retail supply of new cars in the Newcastle and Hunter Valley region.
To address the ACCC’s competition concerns, AP Eagers offered a court enforceable undertaking pursuant to section 87B of the Competition and Consumer Act 2010 to divest its existing new car retailing dealerships and related business sites in the Newcastle and Hunter Valley region.
The ACCC accepted AP Eagers’ divestiture undertaking on 24 July 2019.
On 25 July 2019 the ACCC issued a determination granting conditional authorisation of the proposed acquisition for 12 months until 16 August 2020. Authorisation is conditional on AP Eagers complying with the undertaking to divest provided at Attachment A to the Determination (and below).
The ACCC’s Determination is available, below.
- Automotive Holdings Group Limited
Annexures - reports and other documents
|Supplementary Statement ( PDF 68.52 KB )||7 May 2019|
|Application ( PDF 6.93 MB )||29 Apr 2019|
Annexures - maps and tables
|Annex 4.1 AP Eagers Dealership locations products services ( PDF 1.95 MB )||7 May 2019|
|Annex 10.6 Service repair competitors in Newcastle and Brisbane ( PDF 195.24 KB )||29 Apr 2019|
|Annex 10.2.2 Brisbane Maps ( PDF 3.5 MB )||10 May 2019|
|Annex 10.2.1 Newcastle Maps ( PDF 5.34 MB )||29 Apr 2019|
|Annex 8.4.1 Market Share Tables ( PDF 350.71 KB )||29 Apr 2019|
|Annex 4.2 AHG Dealership locations and estimated products and services ( PDF 306.85 KB )||10 May 2019|
|Show all documents (3 more)|
|AP Eagers’ Divestiture Undertaking ( PDF 8.1 MB )||24 Jul 2019|
|Applicant – draft 87B Undertaking for proposed divestiture ( PDF 757.68 KB )||5 Jul 2019|
|ACCC consultation letter for draft 87B Undertaking ( PDF 308.04 KB )||5 Jul 2019|
|List of Interested Parties - Initial ACCC Consultation ( PDF 408.33 KB )||8 May 2019|
|Market Inquiries Letter ( PDF 335.23 KB )||1 May 2019|
|ACCC letter to AP Eagers attaching Determination ( PDF 221.55 KB )||25 Jul 2019|
|ACCC letter to AHG attaching Determination ( PDF 220.71 KB )||25 Jul 2019|
|ACCC letter to interested parties attaching Determination ( PDF 219.65 KB )||25 Jul 2019|
|Market Feedback Letter ( PDF 658.42 KB )||24 Jun 2019|
|ACCC to Hyundai re Material Excluded from Public Register ( PDF 248.96 KB )||7 Jun 2019|
|ACCC to Toyota re Material Excluded from Public Register ( PDF 217.07 KB )||7 Jun 2019|
|ACCC to Europcar re Material Excluded from Public Register ( PDF 248.38 KB )||7 Jun 2019|
|ACCC to Suttons Motors re Material Excluded from Public Register ( PDF 216.16 KB )||7 Jun 2019|
|ACCC to AP Eagers re request for further information ( PDF 251.05 KB )||10 May 2019|
|ACCC to AHG re request for submission ( PDF 136.78 KB )||9 May 2019|
|ACCC to Applicant re Material Excluded from Public Register ( PDF 263.53 KB )||1 May 2019|
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