MERGER CONTROLS: COMPETITION COMMISSION PROPOSES AMENDMENTS TO PUBLIC INTEREST GUIDELINES

MERGER CONTROLS: COMPETITION COMMISSION PROPOSES AMENDMENTS TO PUBLIC INTEREST GUIDELINES

• 28 September 2023
• Trade, Industry & Competition
• SA Legal Academy

The Competition Commission has called for input by 29 October 2023 on draft amendments to its merger control public interest guidelines.

According to the media statement announcing this, the changes envisaged seek to align the existing guidelines with provisions in the Competition Amendment Act, 2018, which among other things inserted section 12A into the principal statute.

To that end, once finalised the revised guidelines will expressly state that:

• competition and public interest assessments are ‘equal in status’, and that
• ‘a public interest assessment is mandatory in all merger transactions, whether or not they are likely to result in a substantial lessening or prevention of competition’.

Please click the links below to access the documents:

• draft amendments
• media statement

Published by SA Legal Academy Policy Watch

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