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

Chapter 3 : Merger Control

17. Competition Appeal Court merger proceedings

 

(1) Within 20 business days after notice of a decision by the Competition Tribunal in terms of section 16, an appeal from that decision may be made to the Competition Appeal Court, subject to its rules, by—
(a) any party to the merger;
(b) the Competition Commission;
(c) the Minister on matters raised in terms of section 12A(3), where the Minister participated in the Competition Commission’s or Competition Tribunal’s proceedings in terms of section 18 or on application for leave to appeal to the Competition Appeal Court; or
(d) a person who, in terms of section 13A(2), is required to be given notice of the merger, provided the person had been a participant in the proceedings of the Competition Tribunal.

[Section 17(1) substituted by section 12 of Notice No. 175, GG 42231, dated 14 February 2019]

 

(2) The Competition Appeal Court may—
(a) set aside the decision of the Competition Tribunal;
(b) amend the decision by ordering or removing restrictions, or by including or deleting conditions; or
(c) confirm the decision.

 

(3) If the Competition Appeal Court sets aside a decision of the Competition Tribunal, the Court must—
(a) approve the merger:
(b) approve the merger subject to any conditions; or
(c) prohibit implementation of the merger.

 

[Section 17 substituted by section 6 of Notice No. 1354, GG 21880, dated 13 December 2000]