Merger notification: the necessity for adequately defining control

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dc.contributor.advisorYeats, Jacquelineen_ZA
dc.contributor.advisorDavis, Dennisen_ZA
dc.contributor.authorCilombo, Chanelen_ZA
dc.date.accessioned2018-05-07T14:22:07Z
dc.date.available2018-05-07T14:22:07Z
dc.date.issued2018en_ZA
dc.description.abstractCompany law notions of control are not always harmonious with those of competition law, and thus the former may need to create its own jurisprudence informed by an appreciation of the purpose of merger notification under the Competition Act 89 of 1998. My research in this study will examine the definitions of control under the Competition Act (the "Act"),in terms of section 12(1) and section 12(2) comparatively to that of a company law notion of control as set out by the Companies Act, in terms of section 2, section 3, and section 123. In addition to sections 13A(3), 14A(1), 16(2) and 17, setting out merger notification and implementation, compulsory notification necessitated by large concentrations that require commission approval, as well as transactions that require tribunal approval after referral from the commission, and lastly the Competition Appeal Court merger proceedings in order to set aside a Tribunal decision to set conditions on a merger or to prohibit it. A further subtopic for examination in this study being, when parties to a merger have failed to notify the authorities, how should the administrative penalty be calculated, as well as considering the potential for criminal sanctions for failure to notify.en_ZA
dc.identifier.apacitationCilombo, C. (2018). <i>Merger notification: the necessity for adequately defining control</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/27991en_ZA
dc.identifier.chicagocitationCilombo, Chanel. <i>"Merger notification: the necessity for adequately defining control."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2018. http://hdl.handle.net/11427/27991en_ZA
dc.identifier.citationCilombo, C. 2018. Merger notification: the necessity for adequately defining control. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Cilombo, Chanel AB - Company law notions of control are not always harmonious with those of competition law, and thus the former may need to create its own jurisprudence informed by an appreciation of the purpose of merger notification under the Competition Act 89 of 1998. My research in this study will examine the definitions of control under the Competition Act (the "Act"),in terms of section 12(1) and section 12(2) comparatively to that of a company law notion of control as set out by the Companies Act, in terms of section 2, section 3, and section 123. In addition to sections 13A(3), 14A(1), 16(2) and 17, setting out merger notification and implementation, compulsory notification necessitated by large concentrations that require commission approval, as well as transactions that require tribunal approval after referral from the commission, and lastly the Competition Appeal Court merger proceedings in order to set aside a Tribunal decision to set conditions on a merger or to prohibit it. A further subtopic for examination in this study being, when parties to a merger have failed to notify the authorities, how should the administrative penalty be calculated, as well as considering the potential for criminal sanctions for failure to notify. DA - 2018 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2018 T1 - Merger notification: the necessity for adequately defining control TI - Merger notification: the necessity for adequately defining control UR - http://hdl.handle.net/11427/27991 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/27991
dc.identifier.vancouvercitationCilombo C. Merger notification: the necessity for adequately defining control. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2018 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/27991en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleMerger notification: the necessity for adequately defining controlen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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