01/09/2026
When does “interim protection” become control?
In his article, Ian Jacobsberg examines how minority protection rights and interim provisions in share or business sale agreements may potentially amount to “prior implementation” of a merger under the Competition Act.
Even where these provisions are intended to protect a purchaser while a transaction is being finalised, certain rights or involvement in strategic decisions could potentially be viewed as giving the purchaser a form of control before the merger has been approved.
The consequences can be significant, including potential penalties and restrictions on implementing the relevant provisions.
Read Ian Jacobsberg’s analysis of the Competition Commission’s guidelines on minority protections — https://www.fluxmans.com/article/competition-guidelines-minority-protections-part-ii-ian-jacobsberg
Competition Law, Competition Act, Merger Control, Minority Shareholder Protections, Minority Protections, Prior Implementation, Negative Control, Mergers and Acquisitions, M&A, Share Sale Agreements, Competition Commission, South African Competition Law, Corporate Transactions, Fluxmans Attorneys
