Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 6 - Merger Procedures33. Questions of jurisdiction and categories |
| (1) | If the Commission has indicated on Form CC 13(2) that a merger appears to fall outside the jurisdiction of the Act— |
| (a) | the Commission must— |
| (i) | refund the filing fee to the firm that paid it; |
| (ii) | return the Merger Notice to the primary firm that submitted it; and |
| (iii) | send a copy of Form CC 13(2) to— |
| (aa) | the other primary firm if the filing was in terms of Rule 29; and |
| (bb) | each person identified in the Merger Notice as being entitled to receive a copy of the Merger Notice in terms of section 13A(2); and |
| (b) | no party to that merger is required to file any further documents concerning that merger. |
| (2) | If the Commission has indicated on Form CC 13(1) or CC13(2), as the case may be, that the merger appears to fall within the jurisdiction of the Act, the Commission must— |
| (a) | send a copy of the Merger Notice and accompanying Statement of Merger Information to the Minister; |
| (b) | if it appears to be a large merger, send a copy of the Merger Notice to the Tribunal. |
| (3) | Within 5 business days after receiving Form CC 13(1) or Form CC 13(2), as the case may be, the firm concerned may appeal to the Tribunal for an order setting aside the opinion of the Commission— |
| (a) | that the merger is within the jurisdiction of the Act; or |
| (b) | in the case of Form CC 13(2), that the merger falls within a particular category other than that declared on the Merger Notice. |
| (4) | If, upon hearing an appeal in terms of sub-rule (2)— |
| (a) | the Tribunal sets aside the opinion of the Commission that the merger is within the jurisdiction of the Act, the provisions of sub-rule (1) apply; or |
| (b) | the Tribunal sets aside the opinion of the Commission that the merger falls within a particular category other than that declared on the Merger Notice, the opinion of the Commission is a nullity. |
| (5) | If, within the time allowed by sub-rule (4), a firm does not appeal against the opinion of the Commission that the merger falls within a particular category other than that declared on the Merger Notice, or if the Tribunal, on hearing the appeal, confirms the Commission’s opinion one of the primary parties must pay to the Commission the difference between— |
| (a) | the appropriate filing fee for the category determined by the Commission; and |
| (b) | the filing fee previously paid in respect of the merger. |
| (6) | The Initial Period for a merger referred to in this Rule begins— |
| (a) | On the date following the day that the merger notice was filed if, following the order of the Tribunal, there are no outstanding notification requirements, and |
| (i) | The application to the Tribunal concerned only a matter of the jurisdiction of the Act, |
| (ii) | The Tribunal set aside the Commission's category determination, or |
| (iii) | The Tribunal upheld the Commission's category determination and one of the firms concerned paid the amount required in terms of sub-rule (5) within 5 business days after the Tribunal makes its order; or |
| (b) | In any case, on the date determined in accordance with Rule 29(2). |
