13.
| (1) For the purpose of paragraph (b) of section 11, a merger situation shall be taken to exist if a person, whether a body corporate or not, acquires or proposes to acquire, directly or indirectly, any shares in the capital or in the assets of a body corporate or of any other person, if-
| | (a) as a result of the acquisition, or proposed acquisition such first mentioned person would be, or be likely to be in a position to control or dominate a market for goods or services; or | | |
| | (b) in a case where such first-mentioned person is in a position to control or dominate a market for goods or services-
| | | (i) any other person or body corporate or any other related person or body corporate is, or is likely to be a competitor of the first-mentioned person or a body corporate that is related to such first mentioned person; and |
| (ii) the acquisition or proposed acquisition would or would be likely to substantially strengthen the power of the first mentioned person to control or dominate that market. |
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| (2) For the purposes of this section such first mentioned person shall be deemed to be in a position to control or dominate a market-
| | (a) if a body whether corporate or not that is related to such first-mentioned person is, or two or more such bodies each of which is related to such first-mentioned person together are in a position to control or dominate a market for goods or services, or | | |
| | (b) if such first-mentioned person and a body corporate that is, or two or more bodies corporate each of which is related to such first-mentioned person together are, in a position to control or dominate a market for goods or services. | | |
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| (3) In this section-
| | (a) references to "a market for goods or services" shall be construed as a reference to a substantial market for goods or services in Sri Lanka; and | | |
| | (b) a reference to "control or dominate a market for goods or services" shall be construed as a reference to controlling or dominating such a market either as a supplier or as an acquire of goods or services in that market. | | |
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Sri Lanka Consolidated Acts