| (1) | The Minister, in consultation with the Competition Commission, must determine— |
| (a) | a lower and a higher threshold of combined annual turnover or assets, or a lower and a higher threshold of combinations of turnover and assets, in the Republic, in general or in relation to specific industries, for purposes of determining categories of mergers contemplated in subsection (5): and |
| (b) | a method for the calculation of annual turnover or assets to be applied in relation to each of those thresholds. |
| (2) | The Minister may make a new determination in terms of subsection (1) in consultation with the Competition Commission. |
| (3) | Before making a determination contemplated in this section, the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice— |
| (a) | setting out the proposed threshold and method of calculation for purposes of this section; and |
| (b) | inviting written submissions on that proposal. |
| (4) | Within six months after publishing a notice in terms of subsection (3), the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice— |
| (a) | setting out the new threshold and method of calculation for purposes of this section; and |
| (b) | the effective date of that threshold. |
| (5) | For purposes of this Chapter— |
| (a) | ‘a small merger’ means a merger or proposed merger with a value at or below the lower threshold established in terms of subsection (1)(a); |
| (b) | ‘an intermediate merger’ means a merger or proposed merger with a value between the lower and higher thresholds established in terms of subsection (1 )(a): and |
| (c) | ‘a large merger’ means a merger or proposed merger with a value at or above the higher threshold established in terms of subsection (1)(a). |
[Section 11 substituted by section 6 of Notice No. 1354, GG 21880, dated 13 December 2000]
