Merger control

Mergers are regulated in terms of Chapter 3 of the Competition Act. A merger takes place where the business or part of a business conducted by a firm or firms is transferred to another firm or firms.

Mergers can be achieved in a number of ways, including:

• The purchase of shares of another firm
• The purchase of assets of another firm
• The lease of shares of another firm
• The lease of assets of another firm

The question of whether a merger must be notified will depend on the category into which it falls. All intermediate and large mergers must be notified. Small mergers need to be notified only if required by the Commission, but may be notified voluntarily.

What type of merger is it?

To determine whether a merger would be notifiable or not, use the interactive tool on the Competition Commission website.

Fees and thresholds

The Competition Commission charges fees for the notification of a merger or acquisition based on the classification of the merger as being small, medium merger or large, as set out in the table below.