Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision C - Merger Proceedings33. Requests for consideration of intermediate mergers |
1) | The primary acquiring firm or primary target firm may request the Tribunal to consider the conditional approval or prohibition of that merger in terms of section 15, by filing a Request for Consideration in Form CT 4 within 15 days after the Commission's decision in the matter. |
2) | A Request for Consideration must contain a concise statement of the decision that the party seeks, and must be— |
a) | accompanied by a summary of the factual and legal basis upon which the request is based; and |
b) | served on— |
i) | the Commission; and |
ii) | any participant in the relevant merger proceedings before the Commission who is not a party to the Request for Consideration. |
3) | Upon receiving a copy of a Request for Consideration, the Commission must give the Tribunal— |
a) | a copy of the Clearance Certificate or Notice of Prohibition; |
b) | a copy of the statement of reasons for the decision; and |
c) | access to the Commission's file in respect of that merger. |