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(2) A primary enterprise involved in a non-consensual transaction may tile a joint merger
application on behalf of both primary enterprises at any time after the satisfaction of the
requirements of a non-consensual transaction set out in this Regulation.
(3) A joint merger notification filed with the Commission must be served on the other primary
firm's registered office or principal place of business on the date of filing with the Commission.
(4) Where some of the information contained in the merger notification is confidential to the
primary firm or third parties, the notification must be accompanied by a summary of the information
classified as confidential, which must set out the reasons why the information is considered
confidential and how the other primary firm may gain access to it.
(5) The initial period for a merger filed in terms of this Regulation begins on the business day
following the date on which the merger notification was served on the other primary firm, provided
that (a) the Commission does not request additional information in terms of Regulation 22 in
respect of the information filed on behalf of the primary firm that filed the joint merger
notification.
(6) The primary firm filing the joint notification must(a) file a competitiveness report on the date of the filing of the joint merger notification; and
(b) set out in detail the sources of information it relied on in compiling the Substantive
Statement of the merger on behalf of the other primary firm.
(7) Non-consensual transactions are subject to the same time frames set out in Regulation 16 of
these Regulations.
(8) Where the other primary firm intends to oppose the joint merger notification (a) it must tile its corrected Substantive Statement of the merger within 10 business days
from the date of filing of the joint merger notification; and
(b) file all attachments within 10 business days from the date of the filing ofthe joint
merger notification; or
(c) within 10 business days from the date of filing of the joint merger notification, apply for
an extension of time to compile and file its corrected information, which extension shall
not exceed 10 business days.
(8) If the other primal}' firm fails to file any document or information within the time periods
set out in this Regulation, it shall be bound by the information filed on its behalf by the primary firm
that filed the joint merger notification.
(9) The Commission may extend the investigation period ofa non-consensual transaction by 30
days where, in its opinion, having regard to the information filed by the parties and its own
independent knowledge of the industry, the transaction is likely to give rise to significant
competition concerns.