Acts Online
GT Shield

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

Notices

Determination of Merger Thresholds and Method of Calculation

Part A : Determination of Thresholds

3. Higher thresholds

 

The higher threshold required to be determined in terms of section 11 of the Act is reached in respect of a merger if the value of that merger equals or exceeds both of the values set out in sub-items (1) and (2):

 

(1) Either—
(a) the combined annual turnover in, into or from the Republic of the acquiring firms and the transferred firms is valued at or above R6,6 billion:
(b) the combined assets in the Republic of the acquiring firms and the transferred firms are valued at or above R6,6 billion;
(c) the annual turnover in, into or from the Republic of the acquiring firms plus the assets in the Republic of the transferred firms are at or above R6,6 billion; or
(d) the annual turnover in, into or from the Republic of the transferred firms plus the assets in the Republic of the acquiring firms are at or above R6,6 billion.

 

(2) Either—
(a) the annual turnover in, into or from the Republic, of the transferred firms is valued at or above R190 million; or
(b) the asset value of the transferred firm is valued at or above R190 million.

 

[Section 3 substituted by Notice No. 1003, GG 41124, dated 15 September 2017 - effective 1 October 2017]