Competition Act, 1998 (Act No. 89 of 1998)Competition Commission RulesPart 6 - Merger Procedures27. Initial review of merger notices |
| 1) | Within 5 days after receiving a Merger Notice and Statement of Merger Information, or a Statement of Merger Information, the Commission, by issuing Form CC 13 to the relevant firm, may— |
| a) | advise the firm— |
| i) | that the Notice or Statement was materially incomplete or inaccurate; or |
| ii) | that the firm has failed to deliver a copy of the Merger Notice or other document to another person, as required; and |
| b) | require the firm to provide— |
| i) | additional information to complete or correct the document; or |
| ii) | proof of delivery of the relevant document in the prescribed form. |
| 2) | If, within 5 days after receiving a notice in terms of sub-rule (1), the firm concerned has not complied with any requirement of the Commission in terms of that notice— |
| a) | the Commission - |
| i) | may reject that Notice, or Statement of Merger Information, as the case may be, as of the date it was received by the Commission; and |
| ii) | if it does so, must notify all other participants in those merger proceedings, and the Tribunal if it is a large merger, that the Notice or Statement of Merger Information has been rejected; and |
| b) | for all purposes of the Act and these Rules, that firm will be deemed not to have notified the Commission of the merger. |