Allnutt Inc Attorneys conducts merger reviews in terms of Chapter 3 of the Act. Firms entering into Intermediate or Large mergers are required in terms of Section 13A of the Competition Act 89 of 1998 (‘the Act’) to notify the Commission of the merger in a prescribed manner and form and may not implement the merger until it has been approved with or without conditions by either the Commission (Intermediate mergers) or the tribunal (Large mergers) or Competition Appeal Court.
Allnutt Inc Attorneys investigate and analyse the likely effects of the notified merger and conclude whether or not the merger is likely to substantially prevent or lessen competition in any of the markets in which the parties compete. In addition the will consider the likely impact that the transaction is likely to have on the following public interest grounds:
- A particular industrial sector or region;
- Employment;
- The ability of small businesses, or firms controlled or owned by historically disadvantaged persons, to become competitive; and
- The ability of national industries to compete in international markets.
