n Without Prejudice - Consistency in penalties for failure to notify : competition law




Recently, the Competition Tribunal refused to confirm a settlement agreement entered into between the Competition Commission, Netcare and Community Hospital Group (CHG) for, , the failure by Netcare and CHG to obtain the approval of the competition authorities prior to implementation of a merger between them. This has given rise to some debate as to whether or not the approach adopted by the competition authorities in relation to pre-implementation of mergers has been consistent.


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