Comparison View

Formal Consolidation |  2006 RevEd
Notification for decision
58.—(1)  A party to a merger which applies for the merger to be considered under this section shall —
(a)notify the Commission of the merger; and
(b)apply to it for a decision.
(2)  Subject to subsections (3) and (5), on an application under this section, the Commission may make a decision as to —
(a)whether the section 54 prohibition has been infringed; and
(b)if it has not been infringed, whether that is —
(i)because of the effect of an exclusion; or
(ii)because the merger is exempted from the prohibition under subsection (3).
(3)  Where the Commission proposes to make a decision that the section 54 prohibition has been infringed, the Commission shall give written notice to the party who applied for the merger to be considered and the party may, within 14 days of the date of the notice, apply to the Minister for the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration.
(4)  The decision of the Minister made under subsection (3) shall be final.
(5)  Where the Minister exempts a merger under subsection (3), the Commission may make a decision under subsection (2)(b)(ii).
(6)  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.
[UK Competition 1998, s. 22]
Informal Consolidation | Amended Act 15 of 2018
Notification of merger
58.—(1)  A party involved in a merger which applies for the merger to be considered under this section shall —
(a)notify the Commission of the merger; and
(b)apply to it for a decision.
(2)  Subject to subsections (3) and (5) and sections 60A(1) and 60B(1), on an application under this section, the Commission may make a decision as to —
(a)whether the section 54 prohibition has been infringed; and
(b)if it has not been infringed, whether that is —
(i)because of the effect of an exclusion;
(ii)because the merger is exempted from the prohibition under subsection (3); or
(iii)because a commitment has been accepted pursuant to section 60A(1).
[Act 15 of 2018 wef 16/05/2018]
[Act 15 of 2018 wef 16/05/2018]
(3)  Where the Commission proposes to make a decision that the section 54 prohibition has been infringed, the Commission shall give written notice to —
(a)the party who applied for a decision on the merger; or
(b)in a case where section 57(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 54 prohibition on the ground of any public interest consideration.
(4)  The decision of the Minister made under subsection (3) shall be final.
(5)  Where the Minister exempts a merger under subsection (3), the Commission may make a decision under subsection (2)(b)(ii).
(6)  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.
(7)  A reference in any provision of this Act to an application or a notification under section 58 shall include a reference to an application or a notification under section 57 that the Commission treats as an application or a notification under section 58 pursuant to section 57(9).
[23/2007 wef 01/07/2007]