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MERGER CONTROL AND NOTIFICATIONS: COMPETITION COMMISSION ISSUES GUIDELINES
- 20 March 2024
- Trade, Industry & Competition
- SA Legal Academy
The Department of Trade, Industry & Competition has gazetted two sets of guidelines under the Competition Act, 1998:
- revised public interest guidelines on merger control, and
- guidelines on filing merger notifications for hostile transactions.
Focusing on the Competition Commission’s ‘likely approach’ to the Act’s section 12A, the revised public interest guidelines on merger control are underpinned by ‘the imperative of transformation enshrined in the Act’. They were released in draft form in September 2023 for comment, as SA Legal Academy reported at the time.
The guidelines on filing merger notifications for hostile transactions provide insight into the way the Commission exercises its discretionary powers in circumstances necessitating the filing of separate merger notifications – and how this affects merger review timelines.
Published by SA Legal Academy Policy Watch
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