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Competition Authorization of Mergers Regulations 1999 (Statutory Instrument 295 of 1999)

Statutory Instrument 295 of 1999

Competition Authorization of Mergers Regulations 1999

SIs 295/1999, 372/1999, 96/2006

ARRANGEMENT OF REGULATIONS

  1. Interpretation
  2. Application for authorization of merger under Part V of Act

Schedule: Merger application form

Competition Commission: Guidance notes to merger application form

IT is hereby notified that the Minister of Industry and Commerce has, in terms of section 50 of the Competition Act [Chapter 14:28], made the following regulations after consultation with the Industry and Trade Competition Commission:—

  1. Title

These regulations may be cited as the Competition (Authorization of Mergers) Regulations, 1999.

  1. Interpretation

In these regulations—

“application” means an application for authorization made in terms of subsection (1) of section 35 of the Act; “notice” means a notice referred to in subsection (1) of section 36 of the Act.

  1. Application for authorization of merger under Part V of Act

An application shall be made in the form set out in the Schedule and be accompanied by a fee of fifty thousand dollars.

  1. Determination of application and fee payable in the event of an investigation

(1) On receipt of an application the Commission shall—

  • as soon as practicable publish a notice calling upon interested persons to submit written representations to the Commission in regard to the application within thirty days from the date of publication of the notice; or
  • if it considers that a notice need not be published for the reasons specified in the proviso to subsection
    • of section 36 of the Act, proceed to determine the application.
    • The Commission shall determine an application— (a) within ninety days from the date—
      • specified in the notice relating to the application as the final day on which written representations may be submitted to the Commission; or
      • when the Commission, after a written request to the applicant, receives from the applicant such information as it considers adequate to determine the application;

whichever is the later date; or

(b) if no notice is published, within ninety days of the receipt of the application.

(3) Where the Commission considers that an investigation referred to in section 28 of the Act is necessary for the purpose of determining an application, a fee of one hundred and twenty thousand dollars per day of the investigation shall be payable by the applicant.

SCHEDULE (Section 3)

[Part Two and Part Three substituted by s.i 372 of 1999]

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