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Competition Act, 1998

Rules for the Conduct of Proceedings

Competition Commission Rules 2001

Part 6 - Merger Procedures

35. Participation by Minister in Commission merger proceedings

 

(1) If the Minister decides to participate in any intermediate or large merger proceedings before the Commission, the Minister must file a Minister’s Notice of Intention to Participate in Form CC 5(2) within 10 days after receiving a copy of the Merger  Notice from the Commission.

 

(2) Upon receipt of a Minister’s Notice of Intention to Participate in terms of sub-rule (1), the Commission—
(a) in the case of an intermediate merger, is deemed to have issued an extension certificate for 40 business days in terms of section 14(1)(a);
(b) must deliver a copy of the Minister’s Notice of Intention to Participate to the primary acquiring firm and the primary target firm; and
(c) must deliver to the Minister a copy of all documents filed in connection with the merger, up to the day on which the Minister’s Notice of Intention to Participate was filed.

 

(3) The Commission must deliver to the Minister any document that is filed in connection with a merger after the Minister’s Notice of Intention to Participate was filed.

 

(4) The Minister may file a concise statement of the public interest grounds on which the 18 Minister relies in respect of a particular intermediate merger, and a statement of the decision, if any that the Minister prefers, at any time between—
(a) The date on which the Minister filed a Notice of Intention to Participate; and
(b) 10 business days after receiving advice from the Commission in terms of sub-rule (5), if applicable.

 

(5) If, in respect of a particular merger the Minister has filed a Notice of Intention to Participate, but has not yet filed a statement in terms of sub-rule (4), the Commission must advise the Minister in writing at the time that it is prepared to make a decision in terms of section 13, 14 or 14A.

 

(6) Upon receiving a concise statement from the Minister in terms of sub-rule (4), the Commission must serve a copy of the statement on each other participant in those proceedings, and each participant may file a written response to the statement within 5 business days after it has been served on them.