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

Competition Commission Rules

Part 6 - Merger Procedures

33. Intermediate mergers

 

1) If the Commission extends, or is deemed to have extended, the time period for considering an intermediate merger, it must serve a copy of the Extension Certificate in Form CC 14 on each participant in the proceedings within 30 days after receiving the Merger Notice.

 

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

 

3) After completing its investigation and considering an intermediate merger in terms of section 16, the Commission must—
a) issue a Clearance Certificate in Form CC 15 or a Notice of Prohibition in Form CC 16 to the participant who filed the Merger Notice;
b) at the same time make available to each participant a copy of its reasons for decision; and
c) publish a notice of its decision in the Gazette.