Ian Jacobsberg | Director | Fluxmans Attorneys | mail me |
For businesses considering an acquisition, falling below South Africa’s mandatory merger notification thresholds might seem to mean one less regulatory hurdle to worry about. But that is not always the case. Recent developments show that smaller deals can still attract the attention of the Competition Commission, particularly where a transaction could affect competition or involves a business whose true value may not yet be reflected in its turnover or assets.
The Competition Act requires parties to a “merger” to notify the Competition Commission of that merger and to obtain permission to implement the transaction if the value of the transaction exceeds certain monetary amounts.
The Act defines a merger widely – for purposes of the Act, a merger occurs when one or more firms directly or indirectly acquire or establish direct or indirect control over the whole or part of the business of another firm. This may be achieved in any manner, including…
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Read the full article by Ian Jacobsberg, Fluxmans Attorneys, as well as a host of other topical management articles written by professionals, consultants and academics in the October/November 2026 edition of BusinessBrief.
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