Competition Act, 1998 (Act No. 89 of 1998)Competition Commission RulesPart 2 - Delivery of Documents8. Fees |
| 1) | The Commission may not charge a fee to any person for filing a complaint. |
| 2) | Subject to sub-rule (3) the fee for filing an application with the Commission is— |
| a) | for a single exemption— |
| i) | a filing fee of R 5 000; plus |
| ii) | an annual fee, payable in advance, equal to R 500 times the number of years for which the exemption is granted; or |
| b) | for a category exemption— |
| i) | a filing fee of R 100 000; plus |
| ii) | an annual fee, payable in advance, equal to R 1 000 times the number of years for which the exemption is granted; or |
| c) | for an exemption in terms of Schedule 1 of the Act, a filing fee of R 100 000. |
| 3) | If an application is refused in terms of Rule 21(4)(a)(i), or Rule 23(3) or an advice is given in terms of Rule 21(4)(b), the Commission must refund to the applicant the annual fee paid in respect of that application. |
| 4) | The fee for an advisory opinion other than one contemplated in terms of section 10(2)(a) is R2 500. |
| 5) | The fee for filing a Merger Notice is- |
| a) | R100 000 for an intermediate merger; or |
| b) | R350 000 for a large merger. |
| 6) | For the purpose of sub-rule (5)— |
| a) | "combined figure" means the greater of— |
| i) | the combined annual turnover in the Republic of the acquirer and the target; |
| ii) | the combined assets in the Republic of the acquirer and the target; |
| iii) | the annual turnover in the Republic of the acquirer plus the assets in the Republic of the target; or |
| iv) | the assets in the Republic of the acquirer plus the annual turnover in the Republic of the target; and |
| b) | annual turnover and assets must be calculated in accordance with the Notice published by the Minister of Trade and Industry in terms of section 11 of the Act. |
| 7) | For the purpose of sub-rule (6)— |
| a) | "acquirer" means the total of all the firms that are acquiring firms in respect of that merger, as defined in Rule 25(1); and |
| b) | "target" means the total of all the firms that are target firms in respect of that merger, as defined in item 6(b) of the Amended Determination of Threshold published by the Minister of Trade and Industry in terms of section 11 of the Act. |
| 8) | Notwithstanding sub-rules (5) - (7), no fee is payable for filing a Merger Notice for a merger notified in terms of item 4B of Schedule 3 of the Act. |
| 9) | The Commission may charge a fee of R1-00 per A4-size page or part thereof to any person wishing to copy a record in the possession of the Commission and R2-00 each for the Commission's certificate on certified copies of documents. |