The Merger Process
- The Commission shall acknowledge receipt of a merger application or complaints within 3 days, of receipt of the same in the Authority’s Offices;
- The Commission shall consider and make a determination on a merger proposal, within 60 days after receipt of complete information;
- If the Commission 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 Commission 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 Commission carries out the preliminary review by:
- Checking for completeness of information, If it is determined that the application is incomplete, it would then request additional information from the transacting parties. The Commission may seek further clarification of any information submitted through meetings, phone calls, official letters, emails, conference hearings, etc. if it deems it necessary;
- Determine whether the transaction is a relevant merger situation in terms of sections 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
- Assess 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 Commission, upon receipt of the complete filling, would then asses the proposed transaction and subsequently, generate a report with recommendations to the Board.
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 opinions 10 days.