Contact

Merger fees now payable in Angola

Back to top

Merger fees now payable in Angola

As of February 2021, certain fees are now due for services rendered by the Autoridade Reguladora da Concorrência (the ARC), as approved by Ministry of Finance’s Executive Decree No. 32/21 (the Decree). Notably, an “assessment of concentration” fee is payable as part of the services. Thereafter, filing fees are payable and calculated in relation to turnover values, based on the thresholds for mandatory merger notification.

13 May 2021 1 min read Competition Law Alert Article

At a glance

  • The Autoridade Reguladora da Concorrência (ARC) in Angola introduced fees for its services, including an "assessment of concentration" fee, as approved by the Ministry of Finance.
  • Merger notification thresholds require notification if the merger results in a market share of 50% or more, or between 30% and 50% with certain turnover requirements.
  • Currently, the ARC only accepts filing fee payments from local firms, and it's unclear if a filing fee is required when the financial thresholds are not met but the market share threshold is.

Merger thresholds

A merger is notifiable if any one, of the following, is satisfied:

  • the merger will result in the acquisition, creation or reinforcement of a market share of 50% or more in the local market or a substantial part of it;
  • the merger will result in the acquisition, creation or reinforcement of a market share of between 30% to 50% in the local market or a substantial part of it, and if at least two of the undertakings concerned individually achieved turnover in Angola of more than Angolan Kwanza (AOA) 450 million (approx. USD 680,000) in the preceding financial year;
  • if the combined turnover in Angola of all undertakings participating in the merger exceeded AOA 3.5 billion (approx. USD 53 million) in the preceding financial year.

10008 ALERT Competition 13 May 2021_table1

At this stage, it seems that the ARC only accepts payments of the filing fee from local firms. It remains uncertain what the position is if the financial thresholds are not met, but the 50% or more market share threshold is. Presumably, in that instance, no filing fee is payable.

The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2023 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.

You might also be interested in

1 Sep 2023

by Puleng Mothabeng and JJ van der Walt

Remote working in South Africa: The tax and employment law implications

Employment Law

11:10 Minutes

15 May 2023

by Jose Jorge, Leila Moosa and Sebastian Foster

The review test restated

In the recent judgment of Makuleni v Standard Bank of SA (Pty) Ltd and Others 44 ILJ 1005 (LAC), the Labour Appeal Court (LAC) reaffirmed the test for the review of a Commission for Conciliation, Mediation and Arbitration (CCMA) arbitration award. Interestingly, the LAC was critical of the arbitrator for not allowing legal representation in arbitration proceedings that became protracted and seemingly chaotic.

Employment Law

5 min read

14 Jun 2023

by Sasha Schermers and Howmera Parak

The High Court “waives” goodbye to an application for a waiver of minimum distribution requirements for public benefit organisations

In the recent case of Tomson N.O and Others v Commissioner for the South African Revenue Service and Another (33918/2021) ZAGPPHC 359 (24 April 2023) the Pretoria High Court heard a review application brought by the appointed trustees of the Chevrah Kadisha Capital Trust (trust).

Tax & Exchange Control

5 min read

2 May 2023

by Rizichi Kashero-Ondego and Njeri Wagacha

The concept of menstrual leave

Inclusion in the workforce has come a long way and as inclusion and diversity increase in the workplace globally, we are beginning to understand that biological distinctions, such as menstruation, mean that men and women face different challenges in the workplace. In this article, CDH critically analyses the concept of menstrual leave.

Employment Law

6 min read

23 May 2023

High Court considers the impact of loadshedding on fundamental constitutional human rights

On Friday, 5 May 2023, a full court of the Gauteng Division of the High Court sitting in Pretoria delivered a judgment in United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others Case No: 5779/2023, compelling the Minister of Public Enterprises (Minister) to take all reasonable steps within 60 days from the date of the order, whether in conjunction with other organs of state or not, to ensure that there is sufficient supply or generation of electricity to prevent any interruption of supply as a result of loadshedding to all public health facilities, public schools and police stations.

Dispute Resolution

5 min read

25 May 2023

by Lucinde Rhoodie

Balancing the scale of gender in dispute resolution and the legal sector

In episode two of our CDH Women Empowerment podcast series we speak with Lucinde Rhoodie, a Director in our Dispute Resolution practice. Lucinde delves into balancing the scale of gender in dispute resolution and the legal industry.

Dispute Resolution

09:54 Minutes

This website uses cookies to enhance the browsing experience. For more information, please see our Cookie Policy.

Accept Decline