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competition/antitrust

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ENSafrica is a longstanding leader in the field, having a significant market share of merger reviews, sector inquiries and prohibited practice engagements
Legal 500

Competition regulation is evolving rapidly throughout Africa, making it more and more challenging for businesses to navigate regulatory hurdles across a multiplicity of diverse countries.

It is vital for you to have an advisor who has feet planted firmly on African soil, with African know-how and capability, to handle and co-ordinate your cross-border transactions and multi-jurisdictional investigations quickly, efficiently, seamlessly, and with excellence.

As Africa’s largest law firm with over 600 specialist practitioners, ENSafrica has the capacity to deliver on your business requirements across all major industries and the continent, not just relating to competition law, but in all areas of the law. Our size and breadth of expertise further allows us to leverage our resources to suit your pricing preferences and deliver within your timeframes.

Through our in-country and regional expertise, combined with our network of high quality correspondent firms, we are able to provide you with a “one stop shop” offering and assist you with all your competition law requirements, no matter where in Africa you choose to do business.

We have practical experience working on the ground and/or access to high-end, professional contacts across all operational national and regional antitrust regimes in Africa (including COMESA, EAC, CEMAC, ECOWAS and UEMOA).

Should your matter be situated in countries in Africa where we do not have a presence or where regulatory restraints prevent us from acting directly in a country, we are able to take advantage of our longstanding partnerships with formidable correspondent firms whom we work alongside in order to ensure the utmost quality of service is provided.

Our core competition team, comprising several executives, has worked closely together for over 20 years, meaning that our clients reap the benefit of working with a team of practitioners who have developed a track record of collaborating seamlessly on numerous mandates. We pride ourselves on being able to anticipate our clients’ needs well in advance and working to ensure that expectations are not only met, but exceeded.

Our deep experience advising on some of the most challenging matters on the continent means that we have developed an unrivalled understanding of local nuances and ways of doing business. This, coupled with our proactive approach, has earned us accolades for achieving consistently high standards when working on the continent from both international ranking agencies and clients.

What further sets us apart from our competitors is our unique service offering that combines competition law and, by virtue of our in-house economist, economics in Africa.

what we offer

We provide advice on the full spectrum of contentious and non-contentious competition law mandates, including:

  • Advocacy
  • Antitrust litigation (including appeals, reviews and follow-on civil and criminal litigation)
  • Merger investigations (local, regional and global), including complex, hostile and friendly merger notifications and merger structuring
  • Behavioural matters
  • Business rescue
  • Cartel investigations (both from the defence side and the plaintiff side)
  • Compliance audits and training
  • Market inquiries

experience

Acquisition
Acquisition by Saudi Arabian Oil Company (Aramco) of a 70% stake in SABIC. (COMESA*, Kenya and South Africa)
Acquisition
Acquisition by a consortium of private equity firms (Advent International and Cinven together with the RAG-Stiftung) of Thyssenkrupp’s elevator technology business, in one of the largest private equity deals of 2020. (COMESA*)
Restructuring
Restructuring of the debt and equity structure of Edcon, which operates the largest non-food retail businesses in South Africa. (Botswana, Eswatini, Namibia, South Africa, Zambia and Zimbabwe)
Acquisition
Acquisition by Milco SA of all the issued shares of Clover Industries. (Botswana, Eswatini, Namibia and South Africa)
Disposal
Disposal of Engen’s operations in nine sub-Saharan countries via the sale of its Mauritian subsidiary to Vivo Energy Investments B.V., which sources, distributes, markets and supplies Shell-branded fuels and lubricants across Africa. (COMESA*, Kenya, Mauritius and Tanzania)
Sale
Sale by Nampak of its glass business to Isanti, resulting in the first B-BBEE-majority owned glass business in South Africa. (Namibia and South Africa)
Acquisition
Acquisition by the Carlyle Group (through Matador Bidco S.à r.l.) of a controlling stake in Compañía Española de Petróleos, S.A.U. (COMESA*, Kenya and South Africa)
Acquisition
Acquisition by DSV A/S of PWT, creating one of the world’s largest cargo-handling and logistics companies. (Kenya and South Africa)
Joint venture
Joint venture between MSC Mediterranean Shipping Company and Ignazio Messina & C. S.p.A. (COMESA*, Kenya and South Africa)
Demerger
Demerger of Investec Asset Management from Investec. (Botswana, Namibia and South Africa)

 

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