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Competition Act, 1998

Rules for the Conduct of Proceedings

Competition Commission Rules 2001

Part 6 - Merger Procedures

38. Small and intermediate merger procedures

 

(1) If the Commission extends, or is deemed to have extended, the time period for considering a small or intermediate merger, it must issue a copy of the Extension Certificate in Form CC 14 to the firm that filed the merger notification.

 

(2) If the Commission is deemed to have approved a merger in terms of section 13(6), or section 14(2), the Commission must—
(a) issue a Clearance Certificate, in Form CC 15, to the firm that filed the merger notification; and
(b) publish a notice of that approval in the Gazette.

 

(3) After completing its investigation and consideration of a small or intermediate merger, the Commission must—
(a) issue, in terms of section 13(5) or 14(1)(b), either a Clearance Certificate in Form CC 15, or a Notice of Prohibition in Form CC 16, to the firm that filed the Merger Notice; and
(b) at the same time, make available to each participant a copy of its reasons for decision, if required to issue reasons for decision by section 13 (7) or 14 (3); and
(c) publish a notice of its decision in the Gazette, as required by section 13(7) or 14(3).