Guidelines on Small Merger Notification
Presenters : Lettie Janse van Vuuren CA(SA)
Overview
The Competition Act does not require mandatory notification of "small mergers" but the Competition Commission has issued amended guidelines on small merger notification to enable evaluation of whether a small merger requires notification on its own merits.
Accountants and auditors must remain cognisant of their obligation towards NOCLAR. In this regard, they have to be able to apply the latest requirements of the Competition Act to those clients that small mergers (and the large ones) apply to.
In order to avoid contraventions of the Act and the consequences that follow, parties to small transactions meeting the relevant criteria need to make submissions to the Commission prior to entering into such transactions.
Learning objectives
By the end of this event the attendee will:
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Be aware of the basics of the Competitions Act (specifically Section 13);
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Be aware of some important definitions as well as the role of the Competition Commission;
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Understand some of the risks, e.g. potentially anti-competitive transactions going unchecked;
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Know under which circumstances the Competition Commission must be notified of a merger; and
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Be aware of the procedures to notify the Competition Commission.
Content
The webinar will cover the following topics:
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Basics of the Competitions Act (Section 13).
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Important definitions.
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The role of the Competition Commission.
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Risks involved.
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Notifying the Competition Commission of a merger:
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The procedures involved.
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When to do the notification.
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Criteria relating to small mergers and acquisitions that require notification.
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Criteria relating to the digital market that require notification.
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