1) The Minister, in consultation with the Competition Commission, must determine—
a) a lower and a higher threshold of combined annual turnover or assets, or a lower and a higher threshold of combinations of turnover and assets, in the Republic, in general or in relation to specific industries, for purposes of determining categories of mergers contemplated in subsection (5): and
b) a method for the calculation of annual turnover or assets to be applied in relation to each of those thresholds.
2) The Minister may make a new determination in terms of subsection (1) in consultation with the Competition Commission.
3) Before making a determination contemplated in this section, the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice-
a) setting out the proposed threshold and method of calculation for purposes of this section; and
b) inviting written submissions on that proposal.
4) Within six months after publishing a notice in terms of subsection (3), the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice-
a) setting out the new threshold and method of calculation for purposes of this section; and
b) the effective date of that threshold.
5) For purposes of this Chapter—
a) ‘a small merger’ means a merger or proposed merger with a value at or below the lower threshold established in terms of subsection (1)(a);
b) ‘an intermediate merger’ means a merger or proposed merger with a value between the lower and higher thresholds established in terms of subsection (1 )(a): and
c) ‘a large merger’ means a merger or proposed merger with a value at or above the higher threshold established in terms of subsection (1)(a).