Statistics Act, 1999
R 385
Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision C - Merger Proceedings37. Revocation of approval or conditional approval |
| 1) | In respect of a merger that has been approved or conditionally approved by the Tribunal, the Commission may file a Notice of Motion in Form CT 6 to revoke the approval or conditional approval of that merger provided, if the proposed revocation is based on section 14(5)(c), that it has taken the steps set out in Rule 34 of the Competition Commission Rules. |
| 2) | A Notice of Motion in terms of sub-rule (1) must specify the provision of section 14(5) on which the request is based. |
| 3) | Upon receiving a Notice of Motion in terms of sub-rule (1), the registrar must— |
| a) | advise any firm concerned, in writing, of the Notice; and |
| b) | publish a notice of the requested revocation in the Gazette. |
| 4) | The Tribunal may request further information from any person who submits a representation in response to a notice published in terms of sub-rule (3)(b). |
| 5) | After considering the application, and any submissions or other information received in relation to the requested revocation, the Tribunal must— |
| a) | either confirm the approval or conditional approval, as the case may be, in writing, or revoke it by issuing a Notice of Revocation in Form CT 12; |
| b) | publish a notice of that decision in the Gazette; and |
| c) | report its decision in writing to each participant in the merger proceedings. |
| 6) | Within 10 days after receiving a Notice of Revocation in terms of sub-rule (5)(a), the firm concerned may request the Court to review the notice on the grounds that there is no basis in terms of section 14(5) for the approval or conditional approval to be revoked. |
| 7) | If no review is applied for in terms of sub-rule (4), or if the Court upholds the Notice of Revocation, the effect of that notice is— |
| a) | the Certificate of approval or conditional approval in respect of the relevant merger is deemed to have been rejected as of the date of that Certificate; |
| b) | each party to the merger is, for all purposes of the Act, in the same position as if they had never notified the Commission of that merger; and |
| c) | the Commission and the Tribunal may further consider that merger only if a party to the merger subsequently files a new Merger Notice with respect to it; and |
| d) | if a new Merger Notice is subsequently filed in respect of that merger, the Commission and Tribunal must consider that merger on the basis of that new notice without reference to any previous notice filed in respect of it. |
