Competition regulation in Africa is evolving rapidly across nations and regions, with increased activity by new and established regulators resulting in a dynamic regulatory environment.
Competition law considerations are essential, especially when it comes to cross-border transactions and multijurisdictional investigations into cartels and other prohibited conduct, and it is vital for firms conducting business in Africa to have access to advisors with feet firmly planted in African soil.
ENSafrica’s dedicated competition team is able to provide you with a unique offering of specialist expertise in competition law and economics. We recognise the importance of adding real value to ensure that you can protect and differentiate yourself within your target markets, and of delivering services in the most cost-effective and timely manner possible.
Our key differentiator is that we are at the forefront of competition law developments throughout Africa, and have been involved in some of the most dynamic and leading cases that have come before the competition authorities in many African countries, including a number of high-profile market inquiries in healthcare, telecommunications, retail, natural resources and aviation, providing us with critical experience spanning a wide variety of industry sectors and countries.
We have experience with the various regional bodies in Africa, many of whose member states are undergoing major changes in their competition regimes, including:
- Common Market of Eastern and Southern Africa (COMESA)
- East African Community (EAC)
- Economic Community of Central African States (CEMAC)
- Economic Community of Western African States (ECOWAS)
- West African Economic and Monetary Union (UEMOA) As such, we regularly partner with specialists across the firm, meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.
- We also have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.
what we offer
ENSafrica’s competition team provides advice on the full spectrum of contentious and non-contentious competition law, including:
- assisting with all aspects of complex local, regional and global merger investigations, including hostile and friendly merger notifications and merger-structuring advice (taking the lead on complex, multi-jurisdictional mergers and also, if required, fulfilling a supporting role in multi-jurisdictional filings)
- cartel investigations:
- from the defence side: from dawn raid or other commencement of an investigation, advising on possible leniency applications, defence of the investigation, appeals, reviews and follow-on civil litigation
- from the plaintiff side: providing advice, preparing complaints and privately prosecuting complaints
- behavioural matters, including horizontal and vertical practices and abuses of dominance, as well as defending and prosecuting behavioural matters
- market inquiries
- due diligence and compliance audits
- E-learning and face-to-face compliance training programmes
- competition compliance advice (including in relation to transactions and behavioural issues)
- dealing with industry regulators, especially in respect of the interface between competition law and economics
- document creation and management techniques
- employee amnesty initiatives
- interim relief
- follow-on civil litigation
- appeals and reviews
- business rescue