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ARTICLE · 08 SEPTEMBER 2026

Competition Commission Proposes Revised Notification Thresholds For Small Mergers

Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
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Cliffe Dekker Hofmeyr

Cliffe Dekker Hofmeyr

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The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.

South AfricaAntitrust/Competition Law
Andries le Grange
Andries le Grange
Kaylan Gardiner
Kaylan Gardiner

At a glance

  • The Competition Commission (Commission) has published draft amendments to the Small Merger Guidelines (Draft Guidelines), proposing revised thresholds for small mergers that the Commission should be informed of.
  • The Draft Guidelines represent an increase of the thresholds contained in the Guidelines on Small Merger Notification published in 2022.
  • According to the Commission, the amendments are aimed at ensuring that potentially anti-competitive acquisitions do not escape regulatory scrutiny where the target firm is acquired before generating sufficient turnover or accumulated assets.

Under the Draft Guidelines, merger notification is expected where the acquiring firm’s turnover or asset value alone exceeds the large merger threshold of R9,5 billion (being the new large merger combined threshold) and, in relation to the target firm, either (i) the consideration for the acquisition or investment exceeds R280 million or (ii) the consideration for the acquisition of

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