Joshua Eveleigh

Joshua has assisted the team in various significant matters and has regulatory and commercial law practice experience across several African countries and has assisted in merger filings in various African jurisdictions. In addition to his practice areas, Joshua has been featured in Competition Policy International.

Joshua formed part of the team which:

Successfully advised AMS SA (Pty) Ltd in obtaining merger approval in respect of its acquisition of off-the-road tyre suppliers.
Successfully advised Westvaal Motor Group (Pty) Ltd in obtaining unconditional merger approval in respect of its acquisition of a local car dealership.
Representing a large salty snacks producer in making representations int he Fresh Produce Market Inquiry.
Representing a multinational in making representations in the Media and Digital Platforms Market Inquiry.
Represented Makarenge Electrical Industries (Pty) Ltd t/a Wilec in obtaining an interim relief from the South African Competition Tribunal in relation to an abuse of dominance by Allbro (Pty) Ltd. This matter was notable matter given the interconnect between intellectual property and competition law. Allbro (Pty) Ltd alleged to have copyright over the products in question. In its reasons, the Competition Tribunal confirmed that the Competition Act applied to intellectual property disputes and confirmed its jurisdiction to hear matters relating to the interplay between competition law and intellectual property. The Tribunal granted the relief requested.
Represented a multinational FMCG firm against allegations of abuse of dominance in relation to a refusal to deal and exclusionary conduct complaint involving Plant Breeders Rights.
Represented a large FMCG manufacturer against allegations of excessive pricing during the period of the Covid-19 pandemic.
Assisted a client in the FMCG sector in in achieving a non-referral following allegations of excessive pricing.
Prepared and was granted an application for exclusion from merger notification from the Competition Authority of Kenya.
Successfully obtained merger approval in respect of Ravago SA’s acquisition of Emeraude 3.0 in South Africa, Nigeria, COMESA and Morocco.
Successfully obtained unconditional merger approval in respect of Eutelsat SA’s acquisition of OneWeb Holdings Limited before the South African Competition Commission.
Successfully obtained merger approval in respect of Kali-Union’s acquisition of Industrial Commodity Holdings fertiliser division in South Africa, Morocco and Zimbabwe.
Provided advice to the parent company of an acquirer in relation to a breach of the COMESA Regulations for a failure to timeously notify.
Advised a large South African cryptocurrency exchange regarding the cryptocurrency regulatory framework in numerous African jurisdictions and he subsequent establishment of local entities in those favourable jurisdictions.
Advised a global company in respect of conducting internal legal and compliance investigations.
Advised a global automotive manufacturer in conducting internal investigations subsequent to suspicions of corruption and flouting of internal company policies.
Representing a global company in respect of allegations of collusive tendering.
Assisted a global company in conducting of internal investigations on suspicions of flouting of its internal procurement policies and unlawful conduct.
Advising multinational firms on labour law considerations.
Providing regulatory advice in respect of various sectors and anti-bribery and corruption legislation.
Representing a client in relation to enforcing a multi-million Euro arbitration award against the Republic of Guinea and the Central Bank of Guinea.
Representing an international firm in relation to fraudulent scheme in the crypto sector involving jurisdictions South Africa, Nigeria, and Europe.
Representing a multinational firm in respect of various disputes arising from the development of a project in Kenya.

Professional association

Member of the American Bar Association
Member of the Association of Competition Law Practitioners
Joshua has been part of the Golden Key Honour Society which awards students in the top 15% of their respective degree programmes.

Recognised as a recommended lawyer by The Legal 500 EMEA 2024 – Competition (South Africa)
Josh was awarded a Phatshoane Henney Group Honour Medal from the University of Pretoria.

Papers

Co-Authored “Assessing the state of play of digital markets within the African context” for the 8^th Annual Competition and Economic Regulation (ACER) 2023 Conference, held in Mauritius.

Co-authored “The Interplay between Antitrust Law and Intellectual Property Law in South Africa: A Critical Analysis of the OECD Recommendation on Intellectual Property Rights and Competition” published with the International In-House Counsel Journal [Click here to access]

Co-Authored “Buyer Power in emerging markets – economic or consumer protection driven’ published for the 7th Annual Competition and Economic Regulation (ACER) 2022 Conference, held in Senga Bay, Malawi [Click here to access]

Co-authored for Mondaq “Kenya: Dominance Comparative Guide”. [Click here to access]

Co-authored ‘Intellectual property rights litigation and competition law violations in South Africa’ for the 17th Annual Competition and Regulation Summer School and Conference (CRESSE) for presentation at Rodos Palace, Greece in June 2023.

Co-Authored “Intellectual property rights litigation and competition law violations in South Africa” to be presented at CRESSE’s 17^th International Conference “Advances in the Analysis of Competition Policy and Regulation”

Co-authored for Mondaq “Kenya: Dominance Comparative Guide”. Accessible [Click here to access]

Articles and Blogs

Co-authored “The interconnect between Competition Law and Intellectual Property: Unpacking the Competition Tribunal’s Decision in Makarenge Electrical Industries (Pty) Ltd t/a Wilec v Allbro (Pty) Ltd and Competition Commission of South Africa ” IP Briefs Vol 2 Issue 9 https://saiipl.co.za/wp-content/uploads/2022/06/IP-BRIEFS-Cover-Vol-2-Issue-9-June-2022-Published.pdf

Joshua is a contributor to African Antitrust, a leading resource for competition law developments across Africa. Recent articles or contributions include:

Authored ‘Draft Vertical Restraints Regulations: what is an SPLC for purposes of S5(1)?’ [Click here to access]
Authored ‘So Much Abuse: Overhaul of Competition Law Shifts from ‘Buyer Power’ to ‘Superior Bargaining Position’ Abuse’ [Click here to access]
Authored ‘Kenyan competition watchdog launches inquiry into Animal Feeds Value Chain’ [Click here to access]
Authored ‘Criminal cartels & dilipidated energy networks: Will South Africa act?
Co-authored ‘Market Inquiry here, Market Inquiry there, Market Inquiry everywhere! – 3 Market Inquiries in as many months’ [Click here to access]
Authored ‘Zambia: New Board of Commissioners Signals Possible End of Increased Enforcement’ [Click here to access]
Co-authored ‘New Guidelines on the Exchange of Competitively Sensitive Information: 5 years with little change? [Click here to access]
Co-authored ‘Insurance companies raided by antitrust agency for alleged rate-setting collusion’ [Click here to access]
Authored ‘South African Competition Commission to litigate against the excessive pricing of breast cancer treatment drug’ [Click here to access]
Authored ‘Revisiting the Burger King prohibition: [Unintended] Consequences & [Possible] Reconsideration’ [click here to access] which has since been featured in Competition Policy International.

Joshua is a contributor to African Antifraud, a resource that provides African perspectives on FCPA, bribery, fraud and corruption cases. Recent articles or contributions include:

Co-authored ‘Mauritius relieved from the European Union and FATF AML/CTF shackles [Click here to access]
Co-authored ‘Special Tribunal orders former Transet Executive to pay back R26.4M in secret profits, more predicted to follow’

Joshua has been part of the research team under John Oxenham, who recently represented Business at the OECD on behalf of South Africa and the region.

Presentations

Joshua has given compliance presentations to clients in respect of the Financial Intelligence Centre Act.

Joshua presented his paper “Assessing the state of play of digital markets within the African context” for the 8^th Annual Competition and Economic Regulation (ACER) 2023 Conference, held in Mauritius.

Joshua presented on regulatory challenges in cross border payments in Africa at the Evolution of Cross Border Payment Conference hosted by Trade Conferences International.

Joshua moderated a panel discussion on foreign direct investment and trade at the ‘Opportunities for investment in Kenya: Strategies for successfully navigating the regulatory landscape’ event hosted by Primerio in Nairobi, Kenya.

Joshua presented on developments to South Africa’s anti-money laundering framework at the Trade Conferences International’s Regulatory Risk & Compliance Conference to over 170 delegates from South Africa’s top financial institutions.

Joshua, together with representatives from international regulators and representatives from South Africa’s crypto asset market, regularly host a series of webinars covering developments in the African crypto market.

BA Law (University of Pretoria) 2019, with majors in English and Law
LLB Cum Laude (University of Pretoria) 2021.

Primerio International 2022 – Present

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