[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. These forms are: (i) A Merger Notice; Form CC4(1) and (ii) A Statement of Merger Information; Form CC4 (2).

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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  Competition, Tribunals, Competition tribunal

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