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competition/anti-trust

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commentators have high praise for the firm: ‘ENS is market-leading in all respects'
Chambers Global Guide 2018

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
  • exemptions
  • 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
  • advocacy
  • appeals and reviews
  • business rescue

experience

ZAR5.14-billion
acquisition of Lonmin Plc by Sibanye-Stillwater, with merger notifications in South Africa and the United Kingdom, making it one of the largest platinum group mining companies in the world.
EUR10-billion
acquisition of the speciality chemicals business of Akzo Nobel N.V. by the Carlyle Group’s Starfruit Finco B.V., with merger notifications in COMESA, Kenya and South Africa.
USD4.2-billion
acquisition of Arysta Life Sciences by UPL, with merger notifications in CEMAC, COMESA, Kenya, South Africa and Tanzania.
Acquisition
of control over the Discovery-branded credit and fuel cards business by Discovery Bank.
Investigations
by the South African Reserve Bank and the South African Competition Commission into allegations of collusion in foreign exchange trading, in which we provided advice to Investec Bank.
ZAR38-billion
restructure of the Distell Group, requiring approval from competition authorities in Botswana, COMESA, Kenya, South Africa and Tanzania.
USD1.05-billion
acquisition by Sanlam Emerging Markets (Ireland) of Saham S.A. and Saham Finances S.A., with merger notifications in numerous countries, including Botswana, Cameroon, COMESA, Kenya and Morocco.
Acquisition
of FFT GmbH & Co. KGaA (Germany) and FFT Gesellschaft mbH (Austria) by Fosun International Holdings, with merger notifications in CEMAC, COMESA, Kenya, South Africa and Tanzania.
Probe
by the Competition Commission into the South African private healthcare sector, in which we provided advice to Discovery Health, Bankmed and Universal Healthcare Administrators.
Investigations
by the South African Competition Commission into collusion in the automotive component industry, in which we provided advice to manufacturers and suppliers.