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

Competition Commission Rules

Part 6 - Merger Procedures

29. Effect of rejection or withdrawal of notice

 

1) The Commission must notify in writing all other participants in the proceedings, and the Tribunal if it is a large merger, if a document has been rejected or withdrawn and not substituted.

 

2) Upon the rejection, or withdrawal without substitution, of a document, if no Statement of Merger Information remains filed in respect of that merger—
a) the Merger Notice in respect of the relevant merger is deemed to have been rejected as of the date of the rejection or withdrawal;
b) each party to the merger is, for all purposes of the Act, in the same position as if they had never notified the Commission of that merger, unless the proposed merger has been abandoned; and
c) the Commission may further consider that merger only if a party to the merger subsequently files a new Merger Notice with respect to it; and
d) if a new Merger Notice is subsequently filed in respect of that merger, the Commission must proceed to consider that merger on the basis of that notice without reference to the notice that has been withdrawn or rejected.