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

Competition Commission Rules

Part 6 - Merger Procedures

28. Withdrawal of merger notices

 

1) At any time before the Commission has disposed of a Merger Notice in terms of section 14, a party to the merger may withdraw its Merger Notice and Statement of Merger Information, or its Statement of Merger Information, if filed alone, by filing a Withdrawal Notice in Form CC 6.

 

2) If a firm that has withdrawn its documents in terms of sub-rule (1) files a substitute document within 3 days after withdrawing—
a) The firm must deliver a copy of the substitute document to any person who, in terms of section 13 or these Rules, was entitled to a copy of the original document;
b) No additional fee is payable for filing that substitute document; and
c) The period within which the Commission must dispose of the matter in terms of section 14 will continue uninterrupted as if the original document had not been withdrawn.

 

3) Rule 26(3)(b), read with the changes required by context, applies to a firm that has withdrawn a document without filing a substitute document within 3 days after withdrawing its original document.

 

 


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