Employment Equity Act, 1998
R 385
Competition Act, 1998 (Act No. 89 of 1998)NoticesGuidelines on Minority Shareholder Protections3. Introduction |
| 3.1. | These Guidelines have been prepared to provide guidance as to the Commission’s likely approach when assessing rights attaching to minority shareholdings. Such rights are generally (but not always or exclusively) contained in a shareholders' agreement or memorandum of incorporation. These Guidelines do not cover other rights (not attaching to a minority shareholding) which may nevertheless confer control in certain circumstances. |
| 3.2. | The focus of these Guidelines is on rights attaching to minority shareholder rights and the assessment of whether those rights confer control on minority shareholders. |
| 3.3. | These Guidelines apply generally and are not market, sector or industry specific. |
| 3.4. | The principles outlined in these Guidelines are based on the Commission’s experience and exposure to a variety of transactions, competition law jurisprudence from the Tribunal and CAC, as well as guidance from other jurisdictions where appropriate. |
