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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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
