In case of intermediate and small mergers, upon completion of the merger investigation, the Competition Commission will issue a certificate approving the merger, approving the merger subject to conditions or prohibiting a merger. In terms of Section 16(1)(a) of the Act, if the Competition Commission takes a decision, with which the merging parties do not agree, they can appeal the decision before the Competition Tribunal. And if the decision that is taken by the Tribunal is still agreeable to the merging parties, they can appeal before the Competition Appeal Court.
In case of large mergers, In terms of Section 16(2) and (3) of the Act, the Competition Commission will forward its recommendations to the Competition Tribunal, the Minister of Trade and Industry, and the merging parties. The recommendations must specify whether the merger should be approved, approved subject to conditions or prohibited. Then, the Competition Tribunal takes a final decision on the matter. In terms of terms of Section 17 of the Act, if the merging parties do not agree with the decision taken by the Competition Tribunal, they can appeal before the Competition Appeal Court.