| (1) |
If the Competition Commission approves— |
| (a) |
a small or intermediate merger subject to any conditions, or prohibits such merger, any party to the merger, by written notice and in the prescribed form, may request the Competition Tribunal to consider the conditions or prohibited merger; or |
| (b) |
an intermediate merger. or approves such merger subject to any conditions, a person who in terms of section 13A(2) is required to be given notice of the merger, by written notice and in the prescribed form, may request the Competition Tribunal to consider the approval or conditional approval, provided the person had been a participant in the proceedings of the Competition Commission. |
| (2) |
receiving a referral of a large merger and recommendation from the Competition Commission in terms of section 14A(1), or a request in terms of subsection (1), the Competition Tribunal must consider the merger in terms of section 12A and the recommendation or request, as the case may be, and within the prescribed time— |
| (b) |
approve the merger subject to any conditions; or |
| (c) |
prohibit implementation of the merger. |
| (3) |
Upon application by the Competition Commission, the Competition Tribunal may revoke its own decision to approve or conditionally approve a merger or, in respect of a conditional approval, make any appropriate decision regarding any condition relating to the merger, including the issues referred to in section 12A(3)(b) or (c), and section 15, read with the changes required by the context, applies to a revocation or other decision in terms of this subsection. |
[Section 15(3) substituted by section 11 of Notice No. 175, GG 42231, dated 14 February 2019]
| (4) |
The Competition Tribunal must— |
| (a) |
publish a notice of a decision made in terms of subsection (2) or (3) in the Gazette; and |
| (b) |
issue written reasons for any such decision. |
[Section 16 substituted by section 6 of Notice No. 1354, GG 21880, dated 13 December 2000]
Public Service Commission Act, 1997
