Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 6 - Merger Procedures30. Review of notification |
| (1) | Within 5 business days after receiving a Merger Notice filed in respect of a merger declared to be a large merger, or within 10 business days after receiving a Merger Notice filed in respect of any other merger, the Commission must deliver to the filing firm either— |
| (a) | a Notice of Complete Filing in Form CC 13 (1); or |
| (b) | a Notice of Incomplete Filing in Form CC 13 (2). |
| (2) | The Competition Commission must issue Form CC 13 (1) in terms of sub-rule (1) if— |
| (a) | the merger appears to fall within the jurisdiction of the Act; |
| (b) | the declared category appears to be correct; and |
| (c) | in the case of— |
| (i) | a merger notified jointly, all the requirements set out in Rule 27 have been satisfied, |
| (ii) | a merger notified separately, all the requirements set out by order of the Commission in terms of Rule 28 have been satisfied; |
| (iii) | a subsequent filing by a firm in response to Form CC 13(2), all the requirements set out in that Form have been satisfied; or |
| (iv) | a subsequent filing by a firm in response to an order of the Tribunal in terms of sub-rule (4), all the requirements set out in that order have been satisfied. |
| (3) | The Commission may issue Form CC 13(2) if after a filing of a merger notice, or other information, the merger file does not meet the applicable criteria set out in sub-rule (2). |
| (4) | Within 5 business days after receiving Form CC 13 (2), the firm concerned may appeal to the Tribunal for an order setting aside any requirement set out in that form. |
| (5) | Upon hearing an appeal in terms of sub-rule (4), the Tribunal may make an order— |
| (a) | Setting aside Form 13(2) entirely; |
| (b) | Confirming any or all of the requirements set out in Form CC 13(2); |
| (c) | Substituting other requirements for any of the requirements set out in Form CC 13(2); and |
| (d) | Combining any or all of the requirements set out in Form 13(2) with additional or substitute requirements. |
| (6) | If the Commission does not issue either Form CC 13(1) or Form CC 13(2) within the time allowed by sub-rule (1), or if the Tribunal sets aside all requirements set out by the Commission in Form CC 13(2), the Commission will be deemed to have issued Form CC 13(1) to the filing firm— |
| (a) | as of the date on which the last material was filed; and |
| (b) | subject to further review and subsequent notice in terms of Rule 31 or 32. |
| (7) | Sub-rules (1) - (6), read with the changes required by context, apply to a subsequent filing by any party to the merger in response to— |
| (a) | a notice issued to it in Form CC 13(2); or |
| (b) | an order of the Tribunal in terms of sub-rule (4). |
