Hlapane Attorneys Inc conducts merger reviews in terms of Chapter 3 of the Act. Firms entering Intermediate or Large mergers are required in terms of Section 13A of the Competition Act 89 of 1998 (‘the Act’) to notify the Commission of the merger in a prescribed manner and form and may not implement the merger until it has been approved with or without conditions by either the Commission (Intermediate mergers) or the tribunal (Large mergers) or Competition Appeal Court.

We investigate and analyse the likely effects of the notified merger and conclude whether the merger is likely to substantially prevent or lessen competition in any of the markets in which the parties compete.

In addition, we will consider the likely impact that the transaction is likely to have on the following public interest grounds:

• A particular industrial sector or region.

• Employment.

• The ability of small businesses or firms controlled or owned by historically disadvantaged persons, to become competitive; and

• The ability of national industries to compete in international markets.