By Joshua Eveleigh On 05 January 2024, the Competition Authority of Kenya (“CAK”) approved Nava Apparels L.L.C-FZ acquisition of the assets of Mombasa Apparel (EPZ) and Ashton Apparel (EPZ) on the condition that Nava retains all of EPZ’s 7019 employees on terms that are no less favourable than their current terms of employment. Notably, post-transaction […]
African Antitrust
South African Competition Appeal Court releases its decision in respect of the Forex matter: The hindering of international cartel conduct or the inadequate presentation of a case
By Tyla Lee Coertzen and Sarah van den Barselaar In our previous update on this matter, we reported on the South African Competition Appeal Court (“CAC”)’s second hearing of the Forex case. On Monday, 8 January 2024, the CAC handed down its judgement of the appeals brought by several national and foreign banks (the “Respondents”) against an […]
Nigeria & Single Firm Conduct: FCCPC Smokes Monopolist with Largest-Ever Fine
By Nicola Taljaard and Nicole Araujo About three years ago, in the summer of 2020, British American Tobacco Nigeria Limited and associated companies (collectively “BAT”) became the subject of an investigation by Nigeria’s then-brand-new Federal Competition and Consumer Protection Commission (“FCCPC”). The FCCPC was looking into the potential violation of the Federal Competition and Consumer Protection Act (“FCCPA”) and Administrative Penalties Regulations, 2020 (“Regulations”). After three […]
Digital Platforms & Media: New SA Competition Market Inquiry
By Tyla Lee Coertzen As we reported in a previous update (see here), the South African Competition Commission (“SACC”) announced and published its draft Terms of Reference (“ToR”) underlying the Media and Digital Platforms Market Inquiry (“MDPMI”), initiated in terms of section 43B(1)(a) of the South African Competition Act 89 of 1998 (as amended) (the “Act”). […]
Kenyan competition watchdog launches inquiry into Animal Feeds Value Chain
By Joshua Eveleigh On 29 September 2023, the Competition Authority of Kenya (“CAK”) announced that it will be conducting a market inquiry into the Kenyan animal feeds market (“Animal Feeds Market Inquiry”) to assess the various factors affecting competition in the animal feeds value chain. The animal feed market is particularly important due to its […]
Competition Commission Publishes ‘Public Interest Guidelines Relating To Merger Control’
A perspective from private practice — the real cost of doing business in South Africa: Merger Control Disincentivizing Investment into the South African Economy By Gina Lodolo, Joshua Eveleigh, and Nicola Taljaard A Look Back: South Africa has been trying to find the delicate balance between the promotion of public interest initiatives, attracting foreign investment […]