,
S3
(g) "controlling interest" means the holder thereof (i) beneficially owns more than one half often voting and/or more than half of the
economic interest of the target firm;
(ii) is entitled to vote a majority of the votes that may be cast at a general meeting of the
firm;
(iii) is able to appoint or veto the appointment of a majority of the directors of the firm;
or
(iv) has the ability to exercise a decisive influence over the policies of the firm and its
strategic direction;
(h) "day" means any day of the week excluding Saturday, Sunday, a public holiday and the
period during the month of December of the current year and January in the following
year during which period all the offices of the Commission will be officially closed as
determined by the Commission for the end of the year save for a standby team to attend
to emergency issues (i) the first day is excluded and the last day is included, subject to that the last day of
any period shall be excluded if it falls on a Saturday, Sunday, public holiday or any
day during the month of December in the current year and January in the following
year during which period the offices of the Commission will be officially closed as
determined by the Commission for the end of year;
(i) "Dominant position influence" means the market influence associated with the position
and market power held by an enterprise or firm.
(j) "Executive Director" means the chief executive of the Commission appointed under
section 19 of the Act;
(k) "fee" means the fee payable on notification
(I) "intervener" means a person who has submitted a complaint against a merger in terms of
section II (2)(b) of the Act and who has been recognized by the Commission as an
intervener;
(m) "irreversible damage" means damage proved in accordance with the common law of
Swaziland as irreversible;
(n) "merger" whenever it appears in these Regulations or the Competition Act bears the
same meaning as the definition given in section 2 of the Act;
(0) "merger application" means the notification or request for the authorization or approval
of a merger in terms of section 35(3) of the Act;
(p) "month" means a calendar month or a period made up of20 working days;
(q) "national industries" means industries of strategic importance to the economy of
Swaziland;