COMPETITION COMMISSION: PRE-MERGER FILING CONSULTATION GUIDELINES PUBLISHED

The Competition Commission has published final guidelines on the pre-merger filing consultation process.

Released in draft form in October 2025 for public comment, the new guidelines are expected to ‘improve the efficiency of merger review processes’ by:

  • avoiding merger assessment delays
  • preparing grounds for an objective, balanced competitive assessment
  • ensuring that sufficient attention is aid to public interest issues, and
  • selecting suitable potential purchasers or acquirers in line with South Africa’s merger control regime.

This is noting that – since ‘merger analysis is dependent on the facts of a specific case’ – the guidelines ‘are not intended to be applied mechanically’.

Published by SA Legal Academy Policy Watch

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