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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division C - Merger Proceedings

35. Intermediate merger hearing procedures

 

1) At the hearing of a Request filed in terms of Rule 33, the Tribunal
a) may accept oral submissions from any participant;
b) may accept any other information that is submitted to it by a participant;
c) must consider the Commission's decision and statement of reasons;
d) must assess the merger in terms of section 16; and
e) must either approve, approve subject to conditions, or prohibit the merger.

 

2) Subject to a determination made in terms of Rule 34(2), Sections 52(2) - (5), 53(d), 54, 55, 56 and 57, each read with the changes required by context, apply to proceedings in terms of this Rule.

 

3) After completing its hearing in respect of an intermediate merger, the Tribunal must—
a) either approve the merger, approve the merger subject to conditions, or prohibit the merger within 15 days after the end of the hearing by issuing a certificate in the appropriate Form CT 10 or CT 11; and
b) within 30 days after issuing a certificate—
i) issue written reasons for its decision; and
ii) publish a notice of its decision in the Gazette.