The Process / Method
- The Authority shall acknowledge receipt of a merger application or complaints within 3 days, upon receipt of the same in the Authority’s Offices.
- The Authority shall consider and make a determination on a merger proposal, within 60 days after receipt of complete merger notification;
- If the Authority requests (where necessary) further information within 30 days after receipt of merger notification, it shall make a determination within 60 days after receipt of such information; and
- If the Authority requires to convene a hearing conference, it shall make a determination within 30 days after the date of the conclusion of the conference.
Upon receipt of an application and Subsequent acknowledgement, the Authority carries out preliminary analysis by:
- Checking for completeness of information, If it is determined that the application is incomplete, it would then request for the additional information from the transacting parties. The Authority may seek for further clarification of any information submitted through meetings, phone calls, official letters, emails, conference hearing, etc. if it deems it necessary;
- Determine whether the transaction is a relevant merger situation in terms of section 2 and 41 of the Act;
- Determine if the transaction meets the threshold for mandatory notification as provided for in the merger Threshold Guidelines; and
- Asses the nature of confidentiality sought if any, as provided for in section 20 of the Act and subsequently grant such confidentiality through a letter.
The Authority, upon receipt of complete filling would then asses the proposed transaction and subsequently generate a report with recommendations.
Upon completion of the process, the transacting parties are informed of the determination as set out in the Act.
Additionally the following timelines hold; Exclusion 14 days, Non-mergers 10 days and Advisory opinion 10 days.