Competition Commission: Draft Guidance Notes on Mergers and Online Platforms

Posted 31 October 2025 Written by Acts Online
Category Trade

Brought to you by SA Legal Academy: The Competition Commission has released two draft guidance notes for public comment, focusing on a voluntary pre-merger consultation process and competition conduct for online intermediation platforms.

In terms of the Competition Act, No. 89 of 1998, the Commission is seeking input on regulatory frameworks intended to provide clarity to market participants. The first draft guidance note outlines a proposed confidential pre-merger filing consultation process. This process is intended to be voluntary, informal, and non-binding, facilitating early engagement between the Commission and potential merger parties to identify and resolve competition concerns before a formal filing is submitted.

Online Intermediation Platforms

The second draft guidance note pertains to online intermediation platforms, informed by the findings of the Online Intermediation Platforms Market Inquiry concluded in 2023. These guidelines are intended to assist stakeholders in identifying and mitigating business conduct likely to impede or prevent competition within the digital economy.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is channelled through firm-level advisory and compliance strategy regarding merger timelines.
  • For your business: Update internal M&A due diligence templates to include a decision gate for utilizing the voluntary pre-merger consultation process to manage regulatory risk.
  • For your clients: Online platform operators must audit their current business conduct against the 2023 Market Inquiry findings to ensure alignment with the Commission’s proposed enforcement framework.

Originally published at https://legalacademy.co.za/news/read/competition-commission-input-sought-on-two-draft-guidance-notes

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