In the first revision since 2017, Minister of Trade, Industry and Competition (DTIC), Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees. The amendments took effect on 1 May 2026.
The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees, as set out below. The changes mark a significant adjustment to South Africa’s merger control regime.
Revised merger thresholds and filing fees
| Category | New Threshold and Filing Fees | Previous Threshold and Filing Fees |
| Intermediate mergers |
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| Large mergers |
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Fewer transactions may require notification
The substantial increase in the monetary thresholds means that fewer mergers will now require mandatory notification and approval from the competition authorities. Transactions that previously qualified as intermediate mergers may now fall below the notification thresholds. They may therefore become classified as small mergers, which are generally exempt from mandatory notification.
Although the increase in filing fees is significant, parties should note and factor it into their budgets for the legal costs involved in a transaction. However, the reduced need to notify transactions should offset this increase, particularly for transactions that previously constituted intermediate mergers.
Overall, the DTIC’s amendments to merger thresholds and filing fees represent a positive development in the merger control regime. Parties may benefit from a reduced regulatory burden, time savings and lower compliance costs. Importantly, the revised thresholds reflect economic growth and inflationary developments since 2017. They therefore help ensure that merger regulation remains proportionate and commercially relevant.
Assessing filing obligations
Parties to transactions should carefully assess their filing obligations against the revised thresholds. This will help them ensure compliance with the Competition Act.
Where a transaction remains notifiable, parties should also take note of the increased filing fees that now apply. The DTIC’s amendments to merger thresholds and filing fees, therefore, require transaction parties to reassess both their notification obligations and their regulatory budgets.
Early consideration of these changes will prove critical to managing regulatory risk and transaction timelines effectively. In particular, parties should determine at an early stage whether their transaction still meets the applicable notification thresholds.
Implications for merger planning
The DTIC’s amendments to merger thresholds and filing fees create a materially different regulatory environment for parties considering transactions in South Africa. The higher thresholds may reduce the number of transactions that require formal notification. At the same time, parties must account for the higher filing fees when a transaction remains notifiable.
Businesses and their advisers should therefore incorporate the revised thresholds into transaction planning from the outset. Doing so can help parties identify their filing obligations earlier, manage costs more effectively and reduce the risk of regulatory delays.
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| Misha van Niekerk | Senior Associate | Competition Law | mail me | | Naledi Pooe | Associate | Commercial Litigation | mail me | |
| | Adams and Adams | | |
