Acts Online
GT Shield

Competition Act, 1998

Rules for the Conduct of Proceedings

Competition Commission Rules 2001

Part 6 - Merger Procedures

36. Minister of Finance intervention

 

(1) The Commission must send to the Minister of Finance a copy of the Merger Notice, and all other documents filed in respect of a merger, if the merger meets the criteria set out in section 18(2)(a).

 

(2) The Minister of Finance may issue a notice to the Commission in terms of section 9 18(2)(b) by filing Form CC 5(3) at any time between—
(a) The date on which the Commission sends a notice in terms of Sub-Rule (1); and
(b) 10 business days after receiving advice from the Commission in terms of sub-rule (3), if applicable.

 

(3) If, in respect of a particular merger the Minister of Finance has received a notice in  terms of Sub-rule (1), but has not yet issued a notice in terms of sub-rule (2), the Commission must advise the Minister of Finance in writing at the time that it is  prepared to make a decision in terms of section 13, 14 or 14A.

 

(4) Upon receiving a notice from the Minister of Finance in terms of sub-rule (2), the Commission must—
(a) serve a copy of the notice on the Tribunal and each other participant in those proceedings; and
(b) refund the filing fee to the firm that paid it.