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

Chapter 3 : Merger Control

11. Thresholds and categories of mergers

 

(1) The Minister, in consultation with the Competition Commission, must determine—
(a) a lower and a higher threshold of combined annual turnover or assets, or a lower and a higher threshold of combinations of turnover and assets, in the Republic, in general or in relation to specific industries, for purposes of determining categories of mergers contemplated in subsection (5): and
(b) a method for the calculation of annual turnover or assets to be applied in relation to each of those thresholds.

 

(2) The Minister may make a new determination in terms of subsection (1) in consultation with the Competition Commission.

 

(3) Before making a determination contemplated in this section, the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice—
(a) setting out the proposed threshold and method of calculation for purposes of this section; and
(b) inviting written submissions on that proposal.

 

(4) Within six months after publishing a notice in terms of subsection (3), the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice—
(a) setting out the new threshold and method of calculation for purposes of this section; and
(b) the effective date of that threshold.

 

(5) For purposes of this Chapter—
(a) ‘a small merger’ means a merger or proposed merger with a value at or below the lower threshold established in terms of subsection (1)(a);
(b) ‘an intermediate merger’ means a merger or proposed merger with a value between the lower and higher thresholds established in terms of subsection (1 )(a): and
(c) ‘a large merger’ means a merger or proposed merger with a value at or above the higher threshold established in terms of subsection (1)(a).

 

[Section 11 substituted by section 6 of Notice No. 1354, GG 21880, dated 13 December 2000]