Marianne Wagener (ZA)

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This blog was co-authored by Luthando Dlamini (Candidate Attorney).

  1. The division of jurisdiction in competition law matters creates a complex legal landscape in which there is sometimes overlap between how different legal regimes deal with a matter arising from the same set of facts. This has led to the misconception that an outcome obtained in
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In July 2023, the South African Competition Commission published its final report and decision in relation to its long-ongoing online intermediation platforms market inquiry.  This is the first market inquiry to be completed following substantial amendments to the market inquiry provisions of the Competition Act which were aimed at increasing the Commission’s powers when conducting…

In May 2023, the Department of Trade Industry and Competition (in consultation with the Competition Commission) published Regulations to exempt certain categories of agreements or practices by energy users (Energy User Block Exemption)and energy suppliers (Energy Suppliers Block Exemption) from the application of certain provisions of the Competition Act (Block…

Competition Regulators across Africa are increasingly investigating and prosecuting companies involved in contraventions of competition legislation.  Compliance with the various regulatory regimes can be challenging but can be managed. 

Here are six things to know about recent Competition Law enforcement in Africa:

1. Tanzania: Even less than 10% shareholding acquisition could trigger merger notification

On…

Minister of Trade, Industry and Competition, Ebrahim Patel, speaking at the 16th Annual Competition Law, Economics and Policy Conference, announced a proposed new block exemption for SMMEs, for the purpose of stimulating growth and participation of SMMEs in the economy following Covid-19. These proposed Regulations are open for comment until the end of September…

This blog was co-authored by James Donald, Candidate Attorney

According to the Competition Appeal Court (CAC) the competition authorities cannot apply the same test to all types of collusive behaviour when investigating whether such conduct had ceased. A firm accused of collusive conduct may be able to extricate itself from the collusive conduct without proving …

This blog was co-authored by James Donald, Candidate Attorney

Following the economic fallout of the Covid-19 pandemic, one of the aims of government’s Economic Reconstruction and Recovery Plan (ERRP) is to encourage localisation. With a focus on purchasing local inputs instead of importing, this is intended to assist in uplifting the economy. The challenge is…

There have been a number of important developments in competition law across Africa over the past few years. An increasing number of African countries have implemented merger notification regimes. ​​​​​​​​​​​​​​Firms that wish to acquire businesses or expand their operations in Africa should be mindful that their transactions may require approval from regulator/s in the country/ies…