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The Competition Commission > How do I notify the Competition Commission of a Merger?

How do I notify the Competition Commission of a Merger?

A joint merger notification must be made in a single filing by one of the primary firms, and must include:

  1. A merger Notice in Form CC 4 (1), which must declare the names of the primary acquiring and target firm and whether, in the opinion of the filing firm, the merger is small, intermediate or large.
  2. For each of the Primary Acquiring Firm and the Primary Target Firm, a Statement of Merger Information in Form CC 4 (2).
  3. All documents required as stipulated on each form including:
    1. A complete list of shareholders and their respective shareholding, including minority shareholders, for the primary acquiring firm and of any firm that directly or indirectly controls the primary acquiring firm; and
    2. Strategic documents of the merging parties in relation to the affected markets including, but not limited to, the following: Business plans, marketing documents, high-level strategic presentations and board minutes.
  4. a non-confidential version of the forms CC4 (1) , CC4 (2) and the report on competition if submitted.
  5. In an attempt to move to a paperless filing system, the Commission also encourages the merging parties to file electronically and include a CD of the merger filing.

The forms may be hand-delivered to the Competition Commission’s Registry or may be e-mailed, faxed or posted.

A case number together with the date of receipt will be issued to the notifying party. The case number must be used in all subsequent correspondence.

When lodging the forms of notification with the Competition Commission, the notifying party must provide proof of delivery of copies of the forms to every other party to the merger, as well as the relevant registered trade union or employee representatives, with the Competition Commission.

Before the date of filing the forms with the Competition Commission, the Merger filing fees must be paid into the following Competition Commission bank account:

Bank name:Absa Bank
Branch name:Pretoria
Account holderCompetition Commission fees account
Account number:4050778576
Account type:Current account
Brach Code:323 345