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SA Competition Commission’s Guidance on Mergers

CompCom recently published its final guidelines on small merger notification, 16 months after the Commission issued a draft for public comment.  The Final Guidelines expand on the types of small mergers to be notified to the Commission. According to the Commission’s media statement dated 23 September 2022, the Final Guidelines are aimed primarily at assisting the Commission in clearly identifying small mergers and acquisitions in digital markets (our italics). At the NEDLAC TIC meeting, reported on above, the Business Unity SA (BUSA) team (including EFSA) raised concern at CompCom’s initiatives related to new economic actors – in these guidelines and the Market Inquiry into Ecommerce, reported in this Newsletter last month. The Minister tried to play down this concern, however, he promised to ensure a meeting between BUSA and the new CompCom Commissioner, Adv Doris Tshepe, who was appointed in September.

 

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