July 8, 2008 (8:15a) - South Africa Competition Commission Status
The
companies filed a merger notification with the South Africa Competition
Commission on June 4, 2008. The review remains in progress of this
update. The SACC is fully expected to approve this transaction within
the next week or two.
Of more importance, the June 4 filing date
indicates that the companies made most, if not all, of the secondary
regulatory filing early in June, ahead of the EC notification made on
June 19. Although no details have yet been obtained regarding the
Israeli review(s), submission of the necessary documentation in early
June with the Israeli regulators greatly increases the chances that the
transaction will avoid delays far into August, and perhaps beyond July.
July 2, 2008 (4:05p) - Status Report
Unfortunately, the
companies have decided to withhold all information regarding the
various non-U.S. regulatory matters, and will not even confirm at this
point if the required filings have been submitted at this point.
It
is tentatively assumed that all filings have been made by now. Attempts
are currently in progress to contact the individual regulators,
although it will extremely difficult to obtain the precise details from
each agency.
With respect to Canada, EDS has very limited
sales/distribution operations, so it is presumed that only the
Competition Bureau will be involved. It is also assumed that
Competition Canada approval will be obtained without any difficulty,
most likely via an ARC before the end of this month.
The Israeli
review(s) remain a potential timing issue, especially if the companies
require more than one consent in this jurisdiction. Keeping in mind
that Israel may require up to five separate regulatory approvals, the
deal close could fairly easily be delayed well into August if the
Israeli notifications were filed after mid-June -- the period in which
the EC filing was submitted. Since it can not be assumed at this time
that the Israeli filings were made promptly, a July 31 close is
perceived as unlikely.
Again, attempts will be made to ascertain
the details of the various non-U.S. regulatory reviews. This
information will be posted immediately as it becomes available.