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(i) the productive capacity of an industry that is in decline;
(ii) the ability of small businesses to be competitive; and
(iii) the maintenance and promotion of exports to markets outside the SACU and
SADC regions.
(4) An authorization application shall, when granted, be for a specific period of time.
(5) The Commission may revoke an authorization.
(6) In revoking an authorization the Commission shall follow the same procedures set out in
Regulation 27 of these Regulations.
Time periods of investigations
16. (I) Subject to sub-regulation (2), the Commission must consider and make a determination in
relation to a proposed merger of which it has received an application in terms of section 35(3) of the
Act (a) within ninety (90) days from the date on which the Commission receives that
application; or
(b) if the Commission requests further information under sections 13 and 14 of the Act,
within thirty (30) days from the date of receipt by the Commission of the additional
information.
(2) Where the Commission is of the opinion that the period referred to in sub-regulations (I)(a)
and (b) should be extended it may, before the expiry of that period, by notice in writing to the
enterprises involved extend the relevant period for a further single period, not exceeding 60 days,
specified in the Notice.
(3) An extension of time in terms of sub-regulation 15(2) begins on the next day following the
date on which the initial 60 days period expires.
Adjudication of proposed merger
17. (I) In adjudicating a proposed merger, the Commission may (a) approve the implementation of the merger without any conditions;
(b) approve the implementation of the merger subject to specific conditions; or
(c) prohibit the implementation of the merger.
(2) When determining whether or not a proposed merger is anti-competitive, the Commission
shall consider any factor relevant to competition, including but not limited to the following(a) the definition of the relevant market;
(b) the post-merger market concentration;
(c) ease of entry into the market, including tariff and regulatory barriers;
(d) availability of substitute products;