Final guidelines have been published by the Competition Commission of South Africa (the Commission) during September this year (New Guidelines). The New Guidelines provide that if the parties to a transaction meet the Commission's new criteria, albeit a "small merger", the New Guidelines require them to inform the Commission in writing of their intention to conclude a transaction.
The purpose of the New Guidelines is to enable the Commission to identify potentially anti-competitive acquisitions.
Because these are merely guidelines and not laws, failure to inform the Commission of a transaction that meets the Commission’s requirements (which are set at low thresholds) cannot result in formal sanction.