File a Merger

According to section 47 of the Competition Act (Cap:42:01) read together with Regulation 22 of the Competition Regulations of 2018, a merger is subject to review if:

a)    The turnover in Botswana of the enterprise or enterprises being taken over exceeds P10 000 000;
b)    The assets in Botswana of the enterprise or enterprises being taken over exceeds P10 000 000; or
c)    The enterprises concerned would, following implementation of the merger, supply or acquire at least 20 per cent of a particular description of goods or services in Botswana.

Section 49(1) provides that, where a merger is proposed, each of the enterprises involved shall notify the Authority of the proposed merger in the prescribed manner.

Each of the enterprises involved shall notify the Authority of the proposed merger through a merger notice in FORM K set out in the schedule. The form has to be hand delivered to the Competition and Consumer Authority’s offices.

In terms of Regulation 18(2) a merger notice shall be accompanied by a merger fee of 0.01 percent of the merging enterprises combined turnover or assets in Botswana, whichever is higher.

For further information on ‘How to File a Merger,’ please download our Mergers and Acquisitions Brochure or contact the Mergers and Monopolies Division on Tel: +267 3934278 or by email on CA@competitionauthority.co.bw.