Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 6 - Merger Procedures40. Revocation of approval of small or intermediate merger |
| (1) | If the Commission is contemplating revoking its own decision to approve or conditionally approve a merger in terms of section 15(1), the Commission must— |
| (a) | if the proposed revocation is based on section 15(1)(c), comply with Rule 39 before taking any further steps in terms of this Rule; and |
| (b) | in any case— |
| (i) | advise any firm concerned, in writing, of the intention to do so; and |
| (ii) | publish a notice of the proposed revocation in the Gazette. |
| (2) | The Commission may request further information from any person who submits a representation in response to a notice published in terms of sub-rule (1)(b). |
| (3) | After considering any submissions or other information received in relation to the proposed revocation, the Commission must— |
| (a) | either — |
| (i) | confirm the approval or conditional approval, as the case may be, in writing, or |
| (ii) | revoke it by issuing a Notice of Revocation of Merger Decision in Form CC 18 to the firm that filed the merger notification; and |
| (b) | publish a notice of that decision in the Gazette. |
| (4) | Within 10 business days after receiving a Notice of Revocation of Merger Decision in terms of sub-rule (3), the firm concerned may request the Competition Tribunal to appeal against the notice on the grounds that there is no factual basis in terms of section 15(1) for the approval or conditional approval to be revoked. |
| (5) | If no appeal is brought in terms of sub-rule (4), or if the Competition Tribunal upholds the Notice of Revocation of Merger Decision, the effect of that notice is— |
| (a) | the Certificate of approval or conditional approval in respect of the relevant 10 merger is deemed to have been rejected as of the date of that Certificate; |
| (b) | each party to the merger is, for all purposes of the Act, in the same position as if they had never notified the Commission of that merger; and |
| (c) | the Commission may further consider that merger only if the primary acquiring firm subsequently files a new Merger Notice with respect to it; and |
| (d) | if a new Merger Notice is subsequently filed in respect of that merger, the Commission must consider that merger on the basis of that new notice without reference to any previous notice filed in respect of it. |
