Competition Act, 1998 (Act No. 89 of 1998)

Notices

Guidelines for the Determination of Administrative Penalties for Failure to Notify Mergers and Implementation of Mergers Contrary to the Competition Act No. 89 of 1998, as amended

8. Liability to pay
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8.1. Generally, the administrative penalty will be paid by both the acquiring firm and the seller, jointly and severally, the one paying and the other to be absolved. However, depending on the circumstances of each case, the Commission at its discretion may levy the penalty:
8.1.1. only on the acquiring firm; or
8.1.2. only on the seller; or
8.1.3. only on the target or transferred firms; and/or
8.1.4. the holding company of the firms referred to in paragraph 8.1.1 to 8.1.3 above