26. Notification of anticipated merger

A party to an anticipated merger of the relevant type which applies for the anticipated merger to be considered under this section shall —

Subject to subsections (3) and (5) and sections 31 and 32, on an application under this section, the Commission may make a decision as to —

Where the Commission proposes to make a decision that the section 23 prohibition will be infringed by an anticipated merger, if carried into effect, the Commission shall give written notice to the party who applied for a decision on the anticipated merger and the party may, within 14 days of the date of the notice, apply to the Minister for the anticipated merger, if carried into effect, to be exempted from the section 23 prohibition on the ground of any public interest consideration.

The decision of the Minister made under subsection (3) is final.

Where the Minister exempts an anticipated merger under subsection

, the

The Minister may revoke the exemption of an anticipated merger granted under subsection (3) if he has reasonable grounds for suspecting that the information on which he based his decision was incomplete, false or misleading in a material particular.

Subject to subsection (8), where the Commission makes a decision that an anticipated merger, if carried into effect, will not infringe the

Before the expiry of the period referred to in subsection (7), if any, an application may be made by all parties to the anticipated merger who applied to the Commission for a decision on the anticipated merger under this section for that period to be extended.

Where an application for an anticipated merger to be considered has been made to the Commission in accordance with subsection (1) and the anticipated merger is carried into effect before the Commission makes a decision under subsection (2) in respect thereof, the application relating to the anticipated merger —

For the purpose of subsection (9), the Commission may make a decision under section 27(2)(b)(ii) (read with section 27(5)) in respect of the merger referred to in subsection (9), notwithstanding the exemption was granted by the Minister under subsection (3) in respect of the anticipated merger.

Notwithstanding subsection (9), the Commission may refuse to make any decision in respect of a merger referred to therein and require any party involved in the merger to apply to the Commission for the merger to be considered under section 27(1).

In this section, “an anticipated merger of the relevant type” means an anticipated merger of the type prescribed by regulations made under section 25(3)(a).