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[MERGER NOTIFICATION PROCEDURE TEMPLATE]

MERGER NOTIFICATION AND PROCEDURES TEMPLATE South Africa May 2009 IMPORTANT NOTE: This template is intended to provide initial background on the jurisdiction s merger NOTIFICATION and review procedures. Reading the template is not a substitute for consulting the referenced statutes and regulations. 1. Merger NOTIFICATION and review materials (please provide title(s), popular name(s), and citation(s)/web address) A. NOTIFICATION provisions The Competition Act, No 89 of 1998, as amended (the "Competition Act or Act"). Chapter 3 deals with merger control. See: B. NOTIFICATION forms or information requirements The Competition Commission Rules, enacted pursuant to the Act, specify the NOTIFICATION forms in terms of which parties are required to submit information.

See 4 below, for the definition of small, intermediate and large mergers). Also see section 11 of the Competition Act. The Competition Tribunal exercises adjudicative functions in

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