Employment Equity Act, 1998
R 385
Competition Act, 1998 (Act No. 89 of 1998)NoticesGuidelines on Minority Shareholder Protections1. Preface |
| 1.1. | These Guidelines have been prepared in terms of section 79(1) of the Competition Act No. 89 of 1998 (as amended) (“the Act” or “Competition Act”) which provides that the Competition Commission (“Commission”) may prepare guidelines to indicate its policy approach to any matter falling within its jurisdiction in terms of the Act. |
| 1.2. | These Guidelines have been prepared in order to provide guidance to parties on what approach the Commission is likely to adopt in assessing a transaction, which would not ordinarily cross the bright line of merger notification, but would amount to the acquisition of a form of control being acquired by a minority shareholder. |
| 1.3. | The Commission recognises that the analysis of a transaction akin to those mentioned in paragraph 1.2 above is dependent on the facts of a specific case and, as a result, these Guidelines should not be interpreted as preventing the Commission from exercising its discretion to request information, or in assessing other factors not indicated in these Guidelines, on a case-by-case basis. |
| 1.4. | These Guidelines are not binding on the Commission, the Tribunal or the Courts but any person interpreting or applying section 12 of the Act must take these Guidelines into account.1 |
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1 Section 79(4) of the Act.
