Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 6 - Merger Procedures27. Joint merger notification |
| (1) | A joint merger notification must be made in a single filing by one of the primary firms, and must include: |
| (a) | a Merger Notice in Form CC 4 (1), which must declare whether, in the opinion of the filing firm, the merger is small, intermediate or large; |
| (b) | for each of the Primary Acquiring Firm and the Primary Target Firm, a Statement of Merger Information in Form CC 4 (2), which in each case— |
| (i) | satisfies all the filing instructions set out in that Form, and |
| (ii) | has attached to it all the documents required by those instructions; |
| (c) | if the merger as declared on the Merger Notice is an intermediate or large merger, proof of service of a copy of the Merger Notice as required in terms of section 13A(2); and |
| (d) | the prescribed merger notice fee, in the appropriate amount for the merger as declared on the Merger Notice, subject to sub-rule (2). |
| (2) | The prescribed merger notice fee may be paid separately from the remaining items 8 required under sub-rule (1), but must be received by the Commission on or before the date of filing of those items. |
| (3) | In respect of a merger that is jointly notified, the merger notification requirements of every firm that is a party to the merger will have been fulfilled, when a primary firm has fulfilled the notification requirements set out in Rule 27, subject to— |
| (a) | any Notice of Incomplete Filing in Form CC 13(2) issued to it by the Commission in terms of Rule 30, and either not appealed or confirmed on appeal; or |
| (b) | any Demand for Corrected Information in Form CC 13(4) issued to it by the Commission in terms of Rule 32, and either not appealed or confirmed on appeal. |
