Acts Online
GT Shield

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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division C - Merger Proceedings

33. Requests for consideration of intermediate mergers

 

1) The primary acquiring firm or primary target firm may request the Tribunal to consider the conditional approval or prohibition of that merger in terms of section 15, by filing a Request for Consideration in Form CT 4 within 15 days after the Commission's decision in the matter.

 

2) A Request for Consideration must contain a concise statement of the decision that the party seeks, and must be—
a) accompanied by a summary of the factual and legal basis upon which the request is based; and
b) served on—
i) the Commission; and
ii) any participant in the relevant merger proceedings before the Commission who is not a party to the Request for Consideration.

 

3) Upon receiving a copy of a Request for Consideration, the Commission must give the Tribunal—
a) a copy of the Clearance Certificate or Notice of Prohibition;
b) a copy of the statement of reasons for the decision; and
c) access to the Commission's file in respect of that merger.