The Commission’s Mergers and Acquisitions Directorate developed Guidelines in the assessment of mergers in line with international best practice, such as the International Competition Network’s Merger Guidelines, SADC (Southern African Development Community) recommendations and other countries’ experiences. The Guidelines outline the general principles underpinning the Commission’s approach to merger analysis under Section 47 of the Competition Act 2 of 2003.
Every merger involves a different set of facts and, therefore, the analysis of particular issues may need to be tailored to the specific circumstances of a merger or deal with competition issues not specifically considered in the guidelines. The Commission will therefore consider each merger with due regard to the particular circumstances of the case.
The Guidelines serve as a mechanism for administrative transparency, accountability, due process and aim to provide an enhanced level of predictability and certainty to merging parties, their advisors, the business community and the public. The Guidelines are not a substitute for the Act and Rules made thereunder and must be read in conjunction with the Act and Rules.
The Guidelines reflect the views of the Commission at the time of publication. Markets, economic theory, legal thinking and best practice evolve; thus, the Commission may revise the Guidelines from time to time to reflect developments.
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