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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division C - Merger Proceedings

31. Merger Parties and Participants

 

1) In this Part, in respect of any particular merger
a) "acquiring firm" means—
i) any firm that, or person who, as a result of a transaction in any circumstances set out in section 12, would acquire or establish control over, or significant interest in, all or part of the business of another firm or person; and
ii) any other firm that has control over, or significant interest in, all or part of the business of a firm described in sub-paragraph (i); and
iii) any other firm that is controlled by, or a significant interest in which is held by, a firm described in either sub-paragraph (i) or (ii); and
b) "party to a merger" means an acquiring firm, or a target firm;
c) "primary acquiring firm" means a firm that meets the definition set out in paragraph (a)(i);
d) "primary target firm" means the firm that satisfies the definition in paragraph (e)(i); and
e) "target firm" means—
i) a firm that, as a result of a transaction in any circumstances set out in section 12, either—
aa) would become controlled by, or a significant interest in which would be held by, another firm; or
bb) would transfer control of, or a significant interest in, part of its business to another firm; and
ii) any other firm that is controlled by, or a significant interest in which is held by, a business described in sub-paragraph (i).

 

2) The following persons may participate in proceedings before the Tribunal in respect of any merger:
a) Any person recognised as a participant in terms of the Competition Commission Rules;
b) The Minister, if a Minister's Notice of Intention to Participate has been filed with either the Competition Commission or the Tribunal in respect of that merger.
c) Any other person whom the Tribunal has ordered to be recognised as a participant.