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  • Article

    COMESA Shows It Means Business

    In a first for cross-border merger regulation in Africa, a fine has been issued by the COMESA Competition Commission (Commission) for the failure to notify a merger within the prescribed timelines.
    South AfricaAntitrust/Competition Law
    Tabacks
    Tabacks
  • Article

    ‘Public Interest’ Grounds Considered in Anti-Competitive Merger

    The Competition Tribunal has recently considered the question of whether or not an anti-competitive merger can be saved on grounds that a firm is controlled by previously disadvantaged individuals, one of the 'public interest' grounds the tribunal is enjoined to consider in terms of Competition Act.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
Article

Hostile Takeovers And Merger Filing Requirements – The End Of The Target Firm's Ability To Employ Dilatory Tactics?

On 5 January 2024, the Competition Commission ("the Commission") published draft guidelines on the filing of merger notifications for hostile transactions ("the Draft Guidelines").
South AfricaCorporate/Commercial Law
Adams & Adams
Adams & Adams
  • Article

    Three Cartel Cases Lost By The Competition Commission Before The Competition Tribunal – What Are The Implications For Future Cases?

    In the last two months the Competition Commission has lost three cartel cases before the Competition Tribunal.
    South AfricaCorporate/Commercial Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    A Significant Increase In The Prohibition Of Mergers In South Africa

    The South African Competition Commission has since the beginning of 2017 prohibited eleven intermediate mergers and has recommended that four large mergers be prohibited.
    South AfricaAntitrust/Competition Law
    Fasken
    Fasken
  • Article

    African Regional Competition Authorities Sign MoU To Strengthen Cross-Border Enforcement

    Competition authorities of four African regional economic communities have entered into a Memorandum of Understanding (MoU) aimed at strengthening cooperation...
    South AfricaAntitrust/Competition Law
    BREMER LF WLL
    BREMER LF WLL
  • Article

    Approach of the Competition Authorities to Hostile Takeovers in South Africa

    The South African competition authorities have recently had cause to consider two hostile takeovers. The first was the attempted hostile takeover of Gold Fields by Harmony; the second, the takeover of Johnnic by HCI.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Are the Competition Authorities the new Watchdogs of Employment?

    South Africa has a comprehensive web of labour legislation designed to protect employees and to afford a measure of security of tenure. The Labour Relations Act (LRA) provides, under section 197, that employees' contracts of employment must be transferred from the seller of a business to the purchaser of that business.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Competing Interests Of Trade Competitors: A Delicate Balance

    Competition is the backbone to any thriving economy. It promotes innovation through new entrants, motivates better quality goods and services, and results in favourable price points for consumers.
    South AfricaAntitrust/Competition Law
    KISCH IP
    KISCH IP
  • Article

    Competition Commission Concerned About Competition In The Digital Economy

    The South African Competition Commission (Commission) has published a draft paper on Competition in the Digital Economy (Paper). Stakeholders have been invited to submit comments by 30 October 2020.
    South AfricaAntitrust/Competition Law
    Bowmans
    Bowmans
  • Article

    Competition Commission Launches Inquiry Into SA Franchise Sector

    South Africa's Competition Commission is launching a market inquiry into the franchising sector, examining whether structural barriers prevent historically disadvantaged persons from accessing an industry that contributes...
    South AfricaAntitrust/Competition Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Constitutional Court Dismisses Both Of The Competition Commission's Applications With Costs

    The Constitutional Court this morning handed down judgement in both the Competition Commission v Yara South Africa and Others.
    South AfricaAntitrust/Competition Law
    Webber Wentzel
    Webber Wentzel
  • Article

    Dawn Raids: When The Competition Commission Comes Knocking

    It has been more than three years since the Competition Commission's ("Commission") last large-scale dawn raid, when it executed search-and-seizure operations at eight insurance firms across South Africa.
    South AfricaAntitrust/Competition Law
    Adams & Adams
    Adams & Adams
  • Article

    Government Issues Urgent Exemption For Suppliers Of Essential Goods To Prevent Shortages

    On 15 July 2021, in light of the widespread rioting and looting affecting various parts of South Africa, resulting in concerns about the availability of various products, Minister Ebrahim Patel, of the Department of Trade, ..
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    Government Publishes Draft Block Exemption Regulations For Small, Micro And Medium-Sized Businesses, 2022

    On Wednesday, 31 August 2022, the Minister of Trade, Industry and Competition published for comment draft Block Exemption Regulations for Small, Micro and Medium-Sized Businesses after consultation with the Competition Commission.
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    Learnings From The First Year Of The New ECOWAS Merger Control Regime

    One year into the ECOWAS Regional Competition Authority’s merger control function, what lessons have emerged for dealmakers navigating West Africa’s evolving antitrust landscape?
    South AfricaAntitrust/Competition Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Mauritius Competition Law Gets Into Gear

    On 25 November 2009, the Mauritian Competition Act will come into full effect.
    South AfricaAntitrust/Competition Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Prohibited Practices

    In 2011 the Southern Pipeline cases resulted in the setting a new guidance on the method of calculating administrative penalties for price-fixing contraventions.
    South AfricaAntitrust/Competition Law
    Webber Wentzel
    Webber Wentzel
  • Article

    Small Or Large Merger? A Question Of Control

    There is a tension between the interests of the Competition Commission and commercial entities involved in merger transactions.
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    The Effect Of The Launch Of COMESA´s Regional Competition Commission In Africa And Beyond

    Recognising that anti-competitive behaviour is likely to prevent economic growth, efficiency and trade liberalisation in its member states, the Common Market for Eastern and Southern Africa recently launched a regional Competition Commission to promote fair competition within the common market across its member states.
    South AfricaAntitrust/Competition Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Showing 301–320 of 560 results

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