The Mergers and Acquisitions Division conducts merger reviews in terms of Chapter 3 of the Act. Firms entering into Intermediate or Large mergers are required in terms of Section 13A of the Competition Act 89 of 1998 (“the Act”) to notify the Commission of that merger in a prescribed manner and form (See how to file a merger below) and may not implement that merger until it has been approved with or without conditions by either the Commission (intermediate mergers) or the Tribunal (Large mergers) or Competition Appeal Court.
The Mergers & Acquisitions Division will investigate and analyse the likely effects of the notified merger and conclude whether or not the merger is likely to substantially prevent or lessen competition in any of the markets in which the parties compete. In addition the division will consider the likely impact that the transaction is likely to have on the following public interest grounds:
- A particular industrial sector or region;
- The ability of small businesses, or firms controlled or owned by historically disadvantaged persons, to become competitive; and
- The ability of national industries to compete in international markets.
You should find answers to any question you might have to merger notifications in the documents and information on this website.