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(9) The amount charged for notification of a merger shall not exceed the amount ofE600 000.00
(Six hundred thousand Emalangeni) for any single merger notified.
(10) A fee payment will be deemed to be received by the Commission on (a) the date that a local bank guaranteed cheque or money order in payment of that fee is
delivered to the Commission; or
(b) the date that a direct deposit or an electronic transfer of funds in the amount of that fee
is credited to the account of the Commission at the financial institution to which it is
transferred.
(I I) The amount of fees set out in this Regulation, or calculated in terms of this Regulation,
excludes Sales Tax or VAT, whichever is applicable.
Initiation of investigations
12. (I) The Commission may, on its own initiative, institute an investigation in respect of alleged
anti-competitive trade practice/s in terms of section I I (2)(a) and (b) of the Act by issuing a notice
to the enterprise which is the subject of the investigation setting out the following(a) the preliminary nature and scope of the alleged anti-competitive trade practices;
(b) the facts on which the complaint is based; and
( c) the provisions of the Competition Act that are applicable to the alleged anti-competitive
trade practice/so
(2) A person may file a complaint with the Commission alleging anti-competitive trade
practices in Form 2 setting out in broad terms (a) the fact on which the complaint is based; and
(b) the provisions of the Act on which the complaint is based, if known.
(3) The Commission may, after instituting an investigation or receiving a complaint against a
person, issue a press statement or a notice in the press (a) disclosing any act of an anti-competitive or unfair trading nature; and
(b) inviting any person to submit any information or to make representations in relation to
any act of an anti-competitive or unfair trading nature set out in the Notice.
(4) An investigation instituted by the Commission shall be instituted by the Executive Director
at his own initiative or shall be authorized by the Executive Director where a staff member proposes
to investigate or inquire into a matter under the Act, of which such staff member shall make a
written statement setting out the grounds on which an investigation shall be based.
(5) Nothing contained in this Regulation shall prevent the Commission from extending the
investigation to other areas of alleged anti-competitive trade practices as and when they become
apparent during the course of the investigation, save that every new area of investigation shall be
notified to the respondent enterprise within a reasonable time after being so added to the original
complaint or investigation.