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Public Interest Guidelines

South Africa Competition Commission, Guidelines, 2016

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These guidelines have been prepared in terms of section 79(1) of the Competition Act No. 89 of 1998 (as amended) (“the Act”) which provides that the Competition Commission (“Commission”) may prepare guidelines to indicate its policy approach on any matter falling within its jurisdiction in terms of the Act.

These guidelines seek to provide guidance on the Commission’s approach to analyzing mergers by indicating the approach that the Commission is likely to follow and the types of information that the Commission may require when evaluating public interest grounds in terms of section 12A(3) of the Act.

The Commission recognizes that merger analysis is dependent on the facts of a specific case and, as a result, these guidelines should not be interpreted as preventing the Commission from exercising its discretion to request information, or assessing other factors not indicated in this guideline, on a case-by-case basis.