Three 2023 decisions of the Competition Authorities provide a useful guide to their approach to insurance acquisitions in South Africa and expansion into Africa.
Sanlam Emerging Markets Proprietary Limited and Another v SAN JV (RF) Proprietary Limited [2023] ZACT 40; [2023] 3 CPLR 44 (CT) (17 August 2023)
https://www.saflii.org/za/cases/ZACT/2023/40.html
In August 2023, the Competition Tribunal
This blog was co-authored by Candidate Attorney, Neshalia Nayagar.
The Competition Authority of Kenya recently published the Draft Consolidated Administrative Remedies and Settlement Guidelines, which are available here . The Guidelines will be used by the Authority in determining administrative penalties and offer insight into how such penalties will be calculated. Under Kenyan competition
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
This blog was co-authored by Julia Sham-Guild and James Donald
The Covid-19 pandemic has forced many industries to become highly reliant on digital markets. The gradual move over the past few decades and this recent sharp uptake as a result of Covid-19 has resulted in an increased need for regulators to be able to monitor
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
The High Court in England has ruled that it can order companies accused of breaking competition rules to require employees to disclose work-related communications stored on personal electronic devices.
The court was dealing with a disclosure and inspection dispute in relation to a competition damages claim filed by a mobile phone retailer. Phones 4U’s insolvency
The Competition Act was amended in February 2020 to introduce new rules to protect small, medium and black-owned suppliers in specific sectors (the buyer power provisions). These include the e-commerce and online services sectors (the gig economy).
On 18 May 2020 the Competition Commission issued its guidelines on the buyer power provisions. These guidelines set
As South African businesses suffer the impact of the COVID-19 pandemic and national lockdown, small businesses can apply for debt relief from most of the major South African banks and several state programmes.
The Department of Small Business has announced multiple interventions to assist small businesses. In addition to tax subsidies and incentives for compliant
In March 2019, the Competition Commission published its latest guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers contrary to the Competition Act 1998.
The highest penalty to date for a failure to notify is R10 million. The methodology in the Guidelines could result in much higher figures
The Supreme Court of Appeal restated the principles on liability for unlawful competition by the use of the trade secrets of a competitor. Every person is entitled to freely carry on their trade or business in competition with rivals but the competition must remain within lawful bounds. If it involves a wrongful interference with another’s