S.L. 379.8 Art. 5Prior notification of concentrations.

(1) Concentrations shall be notified to the Director General prior to their implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, within fifteen working days.

(2) A concentration shall be notified by the person or undertaking acquiring control of the whole or parts of one or more undertakings but where it consists of a merger or the acquisition of joint control it shall be notified jointly by the parties to the merger or by those acquiring joint control as the case may be.

(3) A concentration shall not be deemed to have been notified if the notification is not carried out in accordance with the rules set out in the Schedule and if the notification fee specified in the Schedule is not paid on notification and in such a case the Director General shall declare the notification to be incomplete and hence invalid.

(4) The Director General shall on notification publish in the Government Gazette and a daily newspaper the fact of the notification, the names of the parties, the nature of the concentration and the economic sectors involved.

(5) The Director General shall in any publication of the fact of the notification state that third party objectors would have the right to submit their objections in writing within seven days from the publication of the fact of notification in the Gazette and a daily newspaper, whichever is the earliest.

(6) The Director General shall take account of the legitimate interest of undertakings in the protection of their business secrets.