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(5) If the Commission intends to revoke the authorization of a merger under sub regulation (I)
(b), it must first afford the merging parties the opportunity to submit a plan to remedy the breach of
the conditions within ten (10) days of receipt of the notice of revocation.
(6) If any of the merging parties submits a plan to the Commission in terms of sub-regulation
(5), the Commission may either (a) accept the proposed plan; or
(b) reject the proposed plan and present the merging parties with a proposed plan of its own
to which the parties shall respond in writing within ten (10) days of receipt thereof.
(7) If no response is received from the merging parties within the ten (10) days set out in sub
regulation (6)(b), or the parties reject the Commission's proposed plan, the Commission's initial
authorization of the merger will be revoked from the date when the ten (10) days expire or the date
when the parties reject the Commission's proposed plan, whichever comes first.
Oral hearings
28. (I) On receipt of the Executive Director's report in respect of any merger, the Commission may,
if it considers it appropriate, direct that an oral hearing be held in relation to a proposed merger.
(2) If the Commission determines that an oral hearing shall be held, it shall before the expiry of
the investigation period, give reasonable notice to the enterprises involved (a) convening the oral hearing;
(b) specifying the date, time and place for the holding of the hearing; and
(c) stipulating the matters to be considered at the hearing.
(3) A party to the merger or a third party interested in the merger by virtue of information
supplied to the Commission in relation to the merger may request an oral hearing once the
Executive Director has submitted his report to the Commission but before the Commission has
taken its decision in relation to the merger. A party requesting an oral hearing shall do so in writing
setting out (a) the issues to be dealt with during the oral hearing;
(b) the reasons why written submissions will be insufficient to deal with the issues in its
written request; and
(c) the reasons why an oral hearing with the investigation team was not requested before the
conclusion of the investigation.
(4) The Chairperson, in consultation with the Board, may determine the procedure for the oral
hearing, including the number of people who may speak on behalf of the parties and the length of
time they may take to address the Commission.
(5) The Commission may in its discretion grant or reject the request for an oral hearing.
(6) The Commission's decision shall be final.