Date: 23 January 2015
The Commission has published the draft Guidelines for the assessment of Public Interest provisions in merger regulation under the Competition Act No. 89 of 1998 (as amended), for public comment.
These Guidelines have been prepared in terms of section 79(1) of the Competition Act No. 89 of 1998 (as amended) (“the Act”) which provides for the Competition Commission (“Commission”) to prepare guidelines to indicate its policy approach on any matter falling within its jurisdiction in terms of the Act.
The Guidelines seek to provide guidance on the Commission’s approach to analysing mergers by indicating the approach that the Commission is likely to follow and the types of information that the Commission may require when evaluating public interest grounds in terms of section 12A(3) of the Act.
The Guidelines come after recent Competition Tribunal and Competition Appeal Court decisions and the ongoing debate among stakeholders on how public interest issues should be assessed in merger investigations.
Written comments on the guidelines, and not the accompanying background information document, can be e-mailed to Ms. Seema Nunkoo at SeemaN@compcom.co.za. Alternatively, stakeholders can call (012) 394 3203, for further enquires.
The closing date for comments is Monday, 23 February 2015.