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.

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.

Misha van Niekerk

Senior Associate | Attorney

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Naledi Pooe

Associate | Attorney

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