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

Notices

Determination of thresholds in terms of Section 11(1)\

Method of Calculation

4. Combined valuation of firms

 

1) If the acquiring firm is a subsidiary of a group of companies as contemplated in the Companies Act, 1973 (Act No. 61 of 1973) for the purposes of calculations required in terms of this notice—
a) the combined assets of the firms that are part of that group, and the combined turnover of those firms, must be consolidated;
b) the consolidated assets and turnover of the group are to exclude turnover or assets arising as a result of transactions by one part of the group with another part of the same group.

 

2) If the target firm controls any other firm or business for the purposes of calculations required in terms of this notice—
a) the combined assets of those firms and businesses, and their combined turnover, must be consolidated; and
b) the consolidated assets and turnover of the group are to exclude turnover or assets arising as a result of transactions by one part of the group with another part of the same group.

 

 


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