Title page for ETD etd-09042012-181535

Document Type Master's Dissertation
Author Phungula, Mlungisi Artwell Goodman
URN etd-09042012-181535
Document Title Control by minority shareholdings in mergers
Degree LLM
Department Mercantile Law
Advisor Name Title
Prof C van Heerden Supervisor
  • Competition Act 89 of 1998
  • mergers
Date 2012-04-11
Availability unrestricted
The purpose of the study is to ascertain the meaning and ambit of section 12(2)(g) of the Competition Act 89 of 1998.

The main question that the study will focus on is in which instances a firm can be said to control another firm by having the ability to materially influence the policy of that firm in a manner comparable to a person who, in the ordinary commercial practice, can exercise an element of control referred to in section 12.

The study will look at:

    (a) the South African competition law and policy;

    (b) the Competition Act and its application;

    (c) merger definition and regulations;

    (d) the concept of control and definition of control; and

    (e) the scope of application of 12(2)(g) of the Competition Act.

Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Please cite as follows:

Phungula, M A G 2011, Control by minority shareholdings in mergers, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-09042012-181535 / >


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