AN UPDATE ON THE GREAT MERGER UPGRADE: The DTIC’s Amendments to Merger Thresholds and Filing Fees

In the first revision since 2017, Minister of Trade, Industry and Competition, Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees effective from 1 May 2026. The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees, as set out below.

Category New threshold and filing fees Previous threshold and filing fees
Intermediate mergers Combined (target and acquiring group) turnover / asset value: ZAR 1 billion
and
Target turnover / asset value: ZAR 200 million
Filing fee: ZAR 220 000
Combined (target and acquiring group) turnover / asset value: ZAR 600 million
and
Target turnover / asset value: ZAR 100 million
Filing fee: ZAR 165 000
Large mergers Combined (target and acquiring group) turnover / asset value: ZAR 9.5 billion
and
Target turnover / asset value: ZAR 280 million
Filing fee: ZAR 735 000
Combined (target and acquiring group) turnover / asset value: ZAR 6.6 billion
and
Target turnover / asset value: ZAR 190 million
Filing fee: ZAR 550 000

 

The substantial increase in the monetary thresholds means that fewer mergers will now be subject to mandatory notification and approval by the competition authorities. Transactions that previously qualified as intermediate mergers may now fall below the notification thresholds and be classified as small mergers, which are generally exempt from mandatory notification. Although the increase in filing fees is significant (and should be noted and borne in mind when budgeting for legal costs involved in a transaction), this should be offset by the reduced need to notify transactions (particularly those which previously constituted intermediate mergers).

Overall, the amendments represent a positive development in the merger control regime. Parties may benefit from reduced regulatory burden, time savings, and lower compliance costs. Importantly, the revised thresholds reflect economic growth and inflationary developments since 2017, ensuring that merger regulation remains proportionate and commercially relevant.

Parties to transactions should carefully assess their filing obligations with reference to the revised thresholds to ensure compliance with the Competition Act. Where a transaction remains notifiable, parties should also take note of the increased filing fees now applicable. Early consideration of these changes will be critical to managing regulatory risk and transaction timelines effectively.

View Related Blogs
View All
news

Year-End Functions and the Question of Liability: What Employers and Insurers Should Consider

As the festive season approaches and offices across South Africa gear up for year-end celebrations, employers would do well to pause before popping the champagne. Behind the glitter and goodwill of th...

Dispute ResolutionINSURANCEInsurance LawLabour LawLitigationMtho Maphumulo
news

Frozen Accounts and Fraudulent Funds: Navigating the Rights of Banks, Customers and SARS

A recent judgment of the High Court has affirmed the right of a bank to freeze a customer’s account without prior notice where it reasonably suspects that the account has received the proceeds o...

Dispute ResolutionINSURANCEInsurance LawLitigationMtho Maphumulo
news

The Reckless Trading Risk: What D&O Insurers Should Know About Director Liability

Introduction A September 2026 High Court judgment has reaffirmed and applied the statutory framework for holding company directors personally liable for reckless trading and conduct calculated to defr...

Dispute ResolutionINSURANCEInsurance LawLitigationMtho Maphumulo