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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division C - Merger Proceedings

32. Participation by Minister in merger proceedings

 

1) Whether or not the Minister participated in merger proceedings before the Commission, the Minister may file a Notice of Minister's Intention to Participate in Form CC 5(2) within 10 days after—
a) The Commission refers a large merger to the Tribunal; or
b) A party to the merger files a request in terms of section 15(2), in respect of an intermediate merger.

 

2) Upon receiving a Minister's Notice of Intention to Participate in terms of sub-rule (1), the registrar must—
a) deliver a copy of the Minister's Notice of Intention to Participate to every other participant; and
b) deliver to the Minister a copy of all documents filed in connection with the merger, up to the day on which the Minister's Notice of Intention to Participate was filed.

 

3) The registrar must deliver to the Minister any document that is filed in connection with a merger after the Minister's Notice of Intention to Participate was filed.

 

4) The Minister may file a concise statement of the public interest grounds on which the Minister relies in respect of a particular merger, and a statement of the decision, if any that the Minister prefers, at any time between—
a) The date on which the Minister filed a Notice of Intention to Participate; and
b) 10 days after receiving advice from the Tribunal in terms of sub-rule (5), if applicable.

 

5) If, in respect of a particular merger the Minister has filed a Notice of Intention to Participate, but has not yet filed a statement in terms of sub-rule (4), the Tribunal must advise the Minister in writing at the time that it is prepared to make a decision in terms of section 15.

 

6) Upon receiving a concise statement from the Minister in terms of sub-rule (4), the Commission must serve a copy of the statement on each other participant in those proceedings, and each participant may file a written response to the statement within 5 days after it has been served on them.