Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision C - Merger Proceedings36. Referral of large mergers |
| 1) | A large merger proceeding begins when the Commission refers the merger to the Tribunal by filing a Referral of Large Merger in Form CC 17. |
| 2) | Within 15 days after receiving a Merger Referral, the registrar must— |
| a) | schedule a date and time for the hearing; and |
| b) | serve a Notice of Hearing in Form CT 14 on the Commission and on each person who has indicated an intention to participate. |
| 3) | At any time before the hearing, a member of the Tribunal assigned by the Chairperson may convene a pre-hearing conference of those persons who have indicated an intention to participate either to the Commission or the Tribunal, and Rules 23 and 24, each read with the changes required by context, apply to that conference. |
| 4) | In addition to the provisions of Rules 23 and 24, at a pre-hearing conference in terms of this Rule, the assigned member of the Tribunal may also determine whether there will be a formal hearing or whether the matter may be decided on the basis of written argument only. |
| 5) | At the hearing, the Tribunal— |
| a) | may accept oral submissions from the Commission and any participant; |
| b) | may accept any other information submitted to it; |
| c) | must consider the Commission's recommendation and reasons for it; |
| d) | must assess the merger in terms of section 16; and |
| e) | must either approve, approve subject to conditions, or prohibit the merger. |
| 6) | Subject to a determination made in terms of sub-rule (3), Sections 52(2) - (5), 53(d), 54, 55 and 56, each read with the changes required by context, apply to proceedings in terms of this Rule. |
| 7) | After completing its hearing in respect of a merger, the Tribunal must— |
| a) | either approve the merger, approve the merge 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. |
| 8) | The period provided for in sub-rule (2) may be extended— |
| a) | for a further 10 days by the Chairperson; or |
| b) | for a further period by the Chairperson with the consent of the primary acquiring firm or the primary target firm. |