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Competition Act, 1998 (Act No. 89 of 1998)

Competition Commission Rules

Part 6 - Merger Procedures

27. Initial review of merger notices

 

1) Within 5 days after receiving a Merger Notice and Statement of Merger Information, or a Statement of Merger Information, the Commission, by issuing Form CC 13 to the relevant firm, may—
a) advise the firm—
i) that the Notice or Statement was materially incomplete or inaccurate; or
ii) that the firm has failed to deliver a copy of the Merger Notice or other document to another person, as required; and
b) require the firm to provide—
i) additional information to complete or correct the document; or
ii) proof of delivery of the relevant document in the prescribed form.

 

2) If, within 5 days after receiving a notice in terms of sub-rule (1), the firm concerned has not complied with any requirement of the Commission in terms of that notice—
a) the Commission -
i) may reject that Notice, or Statement of Merger Information, as the case may be, as of the date it was received by the Commission; and
ii) if it does so, must notify all other participants in those merger proceedings, and the Tribunal if it is a large merger, that the Notice or Statement of Merger Information has been rejected; and
b) for all purposes of the Act and these Rules, that firm will be deemed not to have notified the Commission of the merger.