The following Competition guidance note Produced in partnership with Bowmans provides comprehensive and up to date legal information covering:
A conversation with Lucinda Verster, partner at regional law firm Bowmans, on key issues on merger control in Botswana
NOTE–to see whether notification thresholds in Botswana and throughout the world are met, see Where to Notify.
On 2 December 2019, amendments to the merger control regime, introduced through the Competition Act 2018 and related regulations, came into force. The key amendments are:
the renaming of the authority to the Competition and Consumer Authority (CCA)
the introduction of a maximum penalty for breaches of the merger control rules of up to 10% of the consideration or the combined turnover of the parties involved in the merger (whichever is greater)
a new notification form (Form K)
the power for the government to provide comments to the CCA where there is a public interest matter, and
the introduction of a 14 day period after a decision in which a request for reconsideration can be submitted by merging parties.
The Authority has increasingly sought to elevate 'public interest' concerns such as citizen empowerment in its determination of mergers. This is now likely to increase given the new power of the government to provide comments
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