Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision C - Merger Proceedings35. Intermediate merger hearing procedures |
| a) | may accept oral submissions from any participant; |
| b) | may accept any other information that is submitted to it by a participant; |
| c) | must consider the Commission's decision and statement of reasons; |
| d) | must assess the merger in terms of section 16; and |
| e) | must either approve, approve subject to conditions, or prohibit the merger. |
| 2) | Subject to a determination made in terms of Rule 34(2), Sections 52(2) - (5), 53(d), 54, 55, 56 and 57, each read with the changes required by context, apply to proceedings in terms of this Rule. |
| 3) | After completing its hearing in respect of an intermediate merger, the Tribunal must— |
| a) | either approve the merger, approve the merger subject to conditions, or prohibit the merger within 15 days after the end of the hearing by issuing a certificate in the appropriate Form CT 10 or CT 11; and |
| b) | within 30 days after issuing a certificate— |
| i) | issue written reasons for its decision; and |
| ii) | publish a notice of its decision in the Gazette. |