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South African merger filing fees and intermediate merger thresholds to increase from 1 October

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South African merger filing fees and intermediate merger thresholds to increase from 1 October

19th September 2017

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On 15 September 2017, the South African Minister of Economic Development, Ebrahim Patel, published Government Notices no. 1003 and 1005, which announced increases to the intermediate merger thresholds and merger filing fees. These increases will be effective from 1 October 2017.

The amendments in respect of the intermediate merger thresholds include:

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  • an increase from ZAR560-million to ZAR600-million (7%) for the sum of the acquiring/purchaser group’s turnover or assets (whichever is higher) and the target/transferred firm’s turnover or assets (whichever is higher); and
  • an increase from ZAR80-million to ZAR100-million (25%) for the target/transferred firm’s turnover or assets (whichever is higher).

There is no increase to the large merger thresholds, which are currently set at ZAR6.6-billion for the sum of the acquiring/purchaser group’s turnover or assets (whichever is higher), and the target/transferred firm’s turnover or assets (whichever is higher); and ZAR190-million for the target/transferred firm’s turnover or assets (whichever is higher).

The amendments in respect of the merger filing fees are that:

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  • the filing fee for an intermediate merger is to increase from ZAR100 000 to ZAR150 000 (50%); and
  • the filing fee for a large merger is to increase from ZAR350 000 to ZAR500 000 (43%).

For more information, please contact ENSafrica’s anti-trust/competition team.

This article was first published by ENSafrica.  

No information provided herein may in any way be construed as legal advice from ENSafrica and/or any of its personnel. Professional advice must be sought from ENSafrica before any action is taken based on the information provided herein, and consent must be obtained from ENSafrica before the information provided herein is reproduced in any way. ENSafrica disclaims any responsibility for positions taken without due consultation and/or information reproduced without due consent, and no person shall have any claim of any nature whatsoever arising out of, or in connection with, the information provided herein against ENSafrica and/or any of its personnel. Any values, such as currency (and their indicators), and/or dates provided herein are indicative and for information purposes only, and ENSafrica does not warrant the correctness, completeness or accuracy of the information provided herein in any way.

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