Competition Act: Draft Guidelines on Minority Protections 15 September 2026 (Guidelines on Minority Shareholder Protections October 2026 Final
The document sets out the Competition Commission’s final guidelines on minority shareholder protections under section 79(1) of the Competition Act. It says the guidelines explain the Commission’s likely approach to assessing rights attaching to minority shareholdings, including whether such rights may amount to control for merger purposes. Annexure A lists examples of protections that typically do not confer control, while Annexure B lists protections that are likely to confer control.
It may be relevant to transactions involving minority shareholding rights and merger notification assessments under the Competition Act.