Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 6 - Merger Procedures28. Separate merger notification |
| (1) | A primary firm may apply to the Commission for permission to file separate notification of a merger and, on considering an application under this sub-rule, the Commission— |
| (a) | may allow separate filing if it is reasonable and just to do so in the circumstances; |
| (b) | may give appropriate directions to give effect to the requirements of the Act and in particular, specifying which primary firm must satisfy which of the requirements set out in Rule 27; and |
| (c) | in an appropriate case, may further permit the applicant to file any document on behalf of the other primary firm. |
| (2) | A primary firm may apply to the Commission for an order on good cause shown allowing it to file any document on behalf of the other primary firm, if that other primary firm has failed within business days to file— |
| (a) | a document that the Commission or the Tribunal has ordered it to file; or |
| (b) | any other document or additional information required by the Commission in terms of this Part. |
| (3) | If a primary firm files a Statement of Merger Information on behalf of the other primary firm, the firm that files that Statement is not required to file proof of service of a copy of that statement on the other primary firm. |
| (4) | In respect of a merger that is separately notified, the merger notification requirements of each firm will have been fulfilled when the notification requirements of their respective primary firms, as ordered by the Commission, have been fulfilled, 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. |
