When a Business Strategy Falls Outside Merger Control
One might be forgiven to assume that the concept of “control” for merger review purposes under the Competition Act 89 of 1998 (“Competition Act”) would be well- settled by now.
One might be forgiven to assume that the concept of “control” for merger review purposes under the Competition Act 89 of 1998 (“Competition Act”) would be well- settled by now.
A merger occurs when two companies combine either forming a new entity or integrating into an existing one. Interestingly, the concept of a merger appears in two separate legislations, the Companies Act 71 of 2008