Competition Act, 1998 (Act No. 89 of 1998)Competition Commission RulesPart 6 - Merger Procedures25. Merger Parties and Participants |
| 1) | In this Part, in respect of any particular merger— |
| a) | "acquiring firm" means— |
| i) | any firm that, as a result of a transaction in any circumstances set out in section 12, would acquire or establish control over at: all significant interests in all or part of the business of another firm or person; and |
| ii) | any other firm that has control over, or significant interest in, all or part of the business of a firm described in sub-paragraph (i); and |
| iii) | any other firm that is controlled by, or a significant interest in which is held by, a firm described in either sub-paragraph (i) or (ii); and |
| b) | "party to a merger" means an acquiring firm, or a target firm; |
| c) | "primary acquiring firm" means a firm that meets the definition set out in sub paragraph (a)(i); |
| d) | "primary target firm" means the firm that satisfies the definition in sub paragraph (e)(i); and |
| e) | "target firm" means— |
| i) | a firm that, as a result of a transaction in any circumstances set out in section 12, either— |
| aa) | would become controlled by, or a significant interest in which would be held by, another firm; or |
| bb) | would transfer control of, or a significant interest in, part of its business to another firm; and |
| ii) | any other firm that is controlled by, or a significant interest in which is held by, a business described in sub-paragraph (i). |
| 2) | The following persons may participate in proceedings before the Commission in respect of any merger: |
| a) | The party to the merger who files the Merger Notice. |
| b) | Any other party to the merger who indicates an intention to participate when filing a Statement of Merger Information. |
| c) | Any person who was entitled to receive a notice in terms of section 13(2), and who, within 7 days of receiving that notice, filed a Notice of Intention to Participate in Form CC 5(1). |
| d) | The Minister, if a Notice of Minister's Intention to Participate in Form CC 5(2) has been filed in respect of that merger. |
| e) | Any other person whom the Tribunal has ordered to be recognised as a participant. |