Competition Commission: Final Pre-Merger Filing Consultation Guidelines

Posted 16 February 2026 Written by Acts Online
Category Trade

Brought to you by SA Legal Academy: The Competition Commission has finalised and published guidelines governing the pre-merger filing consultation process to streamline regulatory reviews.

In terms of the Competition Act, No. 89 of 1998, the Competition Commission has issued final guidelines intended to improve the efficiency of merger review processes. These guidelines follow the publication of a draft version in October 2025, which was subjected to public comment. The framework establishes a formalised approach for parties to engage with the Commission prior to the submission of a formal merger notification.

The Commission notes that while these guidelines provide a structured approach to pre-merger engagement, they are not intended to be applied mechanically. Because merger analysis remains dependent on the specific facts of each case, the guidelines serve as a procedural roadmap rather than a rigid set of rules. The primary objectives of the consultation process include:

  • Clarifying the information and documentation required for specific complex transactions;
  • Identifying potential competition or public interest concerns at an early stage;
  • Reducing the risk of the Commission issuing notices of incomplete filing; and
  • Ensuring that the formal review period is utilised effectively by addressing procedural hurdles beforehand.

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

  • For yourself: Use these guidelines to standardise your pre-notification engagement strategy and ensure that all technical queries regarding filing requirements are resolved before formal submission.
  • For your business: Update internal compliance and M&A protocols to include a formal consultation phase, which can mitigate the risk of transaction delays caused by administrative non-compliance.
  • For your clients: Advise clients involved in complex mergers to utilise the consultation process to gauge the Commission’s likely information demands and identify potential public interest issues early in the deal cycle.

Originally published at https://legalacademy.co.za/news/read/competition-commission-pre-merger-filing-consultation-guidelines-published

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