Draft Amendments to Small Merger Notification Guidelines Published for Comment

Posted 15 August 2026 Written by Acts Online
Category Trade

Brought to you by SA Legal Academy: The Competition Commission has published draft amendments to the 2022 Small Merger Notification Guidelines for public comment, focusing on transactions in digital and technology markets.

In terms of the Competition Act, No. 89 of 1998, the Commission gazetted a notice on 14 August 2026 inviting written representations on the proposed changes by 13 September 2026.

According to the notice, the amendments aim to address regulatory concerns that anti-competitive acquisitions in digital and technology markets avoid scrutiny when target entities are acquired before generating sufficient turnover or accumulating assets to trigger statutory thresholds. This follows the revised, higher merger thresholds and filing fees that came into force on 1 May 2026.

Under the proposed framework, transacting parties would be required to submit written pre-merger notifications for small mergers in digital or technology-driven sectors where early-stage valuation or strategic assets may impact market competition.

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

  • For yourself: Competition law practitioners and corporate advisors must monitor the draft amendments to align deal clearance advice ahead of the final guidelines taking effect.
  • For your business: M&A advisory firms and legal practices must update transactional checklists to ensure early-stage digital and tech transactions are evaluated against small merger notification criteria.
  • For your clients: Tech startups, venture capital funds, and acquiring corporate entities must factor potential Competition Commission notification and clearance timelines into deal completion milestones.

Originally published at https://legalacademy.co.za/news/read/competition-law-input-sought-on-draft-amendments-to-small-merger-notification-guidelines

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