Competition Act, 1998 (Act No. 89 of 1998)NoticesDetermination of Merger Thresholds and Method of CalculationPart B : Method of Calculation8. Combined valuation of firms |
| (1) | If the acquiring firm is a subsidiary of a group of companies as contemplated in the Companies Act, 2008, (Act No. 71 of 2008) for the purposes of calculations required in terms of this notice— |
| (a) | the combined assets of the firms that are part of that group, and the combined turnover of those firms, must be consolidated; and |
| (b) | the consolidated assets and turnover of the group are to exclude turnover or assets arising as a result of transactions by one part of the group with another part of the same group. |
(2) If the transferred firm controls any other firm or business for the purposes of calculations required in terms of this notice—
| (a) | the combined assets of those firms and businesses, and their combined turnover, must be consolidated; and |
| (b) | the consolidated assets and turnover of the group are to exclude turnover or assets arising as a result of transactions by one part of the group with another part of the same group. |
[Section 8 substituted by Notice No. 1254, GG 41245, dated 10 November 2017]