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Competition Act, 1998

Rules for the Conduct of Proceedings

Competition Commission Rules 2001

Part 6 - Merger Procedures

26. General merger notification requirements

 

(1) Parties to a merger must notify the Commission of that merger—
(a) by filing a joint notification in terms of Rule 27, or
(b) if permitted by order of the Commission, by filing separately in terms of Rule 28.

 

(2) If, given the nature of a particular transaction, a firm is both a primary target firm and  a primary acquiring firm, that firm, before filing a Merger Notice, may request the Commission to issue directions as to how, in the context of the transaction, to calculate the filing fee and apply the threshold calculation.

 

(3) Within 5 business days after receiving a direction in terms of sub-rule (2), a firm concerned may apply to the Tribunal to reconsider the direction of the Commission with respect to the calculation of the filing fee, or the application of the threshold calculation.