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

Chapter 3 : Merger Control

14A. Competition Commission large merger proceedings

 

(1) After receiving notice of a large merger, the Competition Commission—
(a) must refer the notice to the Competition Tribunal and to the Minister; and
(b) within 40 business days after all parties to a large merger have fulfilled their prescribed notification requirements, must forward to the Competition Tribunal and the Minister a written recommendation, with reasons, whether or not implementation of the merger should be—
(i) approved;
(ii) approved subject to any conditions; or (iii) prohibited.

 

(2) The Competition Tribunal may extend the period for making a recommendation in respect of a particular merger upon an application by the Competition Commission, but the Tribunal may not grant an extension of more than 15 business days at a time.

 

(3) If, upon the expiry of the period contemplated in subsection (1), or an extended period contemplated in subsection (2), the Competition Commission has neither applied for an extension or further extension, as the case may be, nor forwarded a recommendation to the Competition Tribunal, any party to the merger may apply to the Tribunal to begin the consideration of the merger without a recommendation from the Commission.
(4) Upon receipt of an application by a party contemplated in subsection (3), the Tribunal must set a date for proceedings in respect of that merger.

 

[Section 14A substituted by section 6 of Notice No. 1354, GG 21880, dated 13 December 2000]