Competition Act · 2022 Revised Edition · Chapter 4
27. Notification of merger
Official textFrom Attorney General's Chambers, unchanged
A party involved in a merger which applies for the merger to be considered under this section shall —
party involved in a merger
“party involved in a merger” means a person or an undertaking specified in section 23(2) and includes the merged entity;
notify the Commission of the merger; and
Competition
apply to it for a decision.
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 —
whether the section 23 prohibition has been infringed; and
if it has not been infringed, whether that is —
because of the effect of an exclusion;
because the merger is exempted from the prohibition under subsection (3); or
because a commitment has been accepted pursuant to section 31.
Where the Commission proposes to make a decision that the section 23 prohibition has been infringed, the Commission shall give written notice to —
section 23 prohibition
“section 23 prohibition” means the prohibition referred to in section 23(1);
the party who applied for a decision on the merger; or
in a case where section 26(9) applies, the party who applied for a decision on the anticipated merger (which was carried into effect)
or, where that party no longer exists, the merged entity, and the party or merged entity so notified by the Commission may, within 14 days of the date of the notice, apply to the Minister for the merger 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.
Minister
“Minister” means the Minister charged with the responsibility for general competition matters;
Where the Minister exempts a merger under subsection (3), the
Commission may make a decision under subsection (2)(b)(ii).
The Minister may revoke the exemption of a 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.
A reference in any provision of this Act to an application or a notification under section 27 shall include a reference to an application or a
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notification under section 26 that the Commission treats as an application or a notification under section 27 pursuant to section 26(9).
Terms defined in s 2
anticipated merger
Defined · s 2“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 23(2);
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for general competition matters;
party involved in a merger
Defined · s 2“party involved in a merger” means a person or an undertaking specified in section 23(2) and includes the merged entity;
public interest consideration
Defined · s 2“public interest consideration” means national or public security, defence and such other considerations as the Minister may, by order published in the Gazette, prescribe;
section 23 prohibition
Defined · s 2“section 23 prohibition” means the prohibition referred to in section 23(1);
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Offences
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Competition Appeal Tribunal
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