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Competition Act, 1998 (Act No. 89 of 1998)

Notices

Determination of Merger Thresholds and Method of Calculation

Part A : Determination of Thresholds

2. Lower thresholds

 

The lower threshold required to be determined in terms of section 11 of the Act is reached in respect of a merger if the value of that merger equals or exceeds both of the values set out in sub-items (1) and (2):

 

(1) Either—
(a) the combined annual turnover in, into or from the Republic of the acquiring firms and the transferred firms is valued below R600 million (six hundred million Rand); or
(b) the combined assets in the Republic of the acquiring firms and the transferred firms are valued at less than R600 million (six hundred million Rand); or ;
(c) the annual turnover in. into or from the Republic of the acquiring firms plus the assets in the Republic of the transferred firms are valued at less than R600 million (six hundred million Rand); or
(d) the annual turnover in, into or from the Republic of the transferred firms plus the assets in the Republic of the acquiring firms are valued at less than R600 million (six hundred million Rand).

 

(2) Either—
(a) the annual turnover In. into or from the Republic, of the transferred firms is less than R100 million (one hundred million Rand); or
(b) the asset value of the transferred firm is less than R100 million (one hundred million Rand).

 

[Section 2 substituted by Notice No. 1003, GG 41124, dated 15 September 2017 - effective 1 October 2017]