Tyla is an Associate at Primerio and practices in the firm’s competition and antitrust department. Tyla has handled all aspects of competition law related matters not only in South Africa, but across the continent. Such experience has included cartel conduct, merger control, market inquiries and abuse of dominance cases. Tyla also assists in several commercial matters, general litigation, white collar crime and regulatory work.

Tyla has spent time in Primerio’s Mauritius offices located in Port Louis, where she represented the practice and assisted in Mauritius related matters. Tyla has also recently completed a secondment in the Competition Department of a silver circle law firm based, London United Kingdom.

In addition to the above, Tyla is a regular contributor to African Antitrust and African Antifraud, leading resources for competition law and antifraud developments across Africa. Tyla has consistently been published in Concurrence’s e-Competition Bulletin, Competition Policy International, Mondaq, Legal Industry Reviews and the ICC FraudNet Global Annual Report.

Significant Matters:

Tyla formed part of the team which:

• is currently representing a global automotive parts producer before the South African Competition Tribunal, Competition Appeal Court and subsequently the South African Constitutional Court in relation to allegations of price fixing and market allocation;
• Advised in the preparation, submission and unconditional approval in respect of the acquisition of aircraft which transaction was notified with the COMESA Competition Commission;
• Advised in the preparation, submission and unconditional approval in respect of the acquisition by a global plastics company of plastic manufacturers in Tanzania, Uganda and Kenya, which transaction was notifiable with the Tanzanian Fair Competition Commission and the COMESA Competition Commission;
• Advised a South African based packaging machinery company in respect of allegations of abuse of dominance by a complainant, ultimately resulting in a non-referral by the South African Competition Commission;
• Advised a South African based telecommunications company in respect of large merger proceedings before the South African Competition Commission, Tribunal and Competition Appeal Court;
• Advised clients active in the global shipping market in the preparation, submission and unconditional approvals before the Nigerian Federal Competition and Consumer Protection Commission as well as the newly established ECOWAS Regional Competition Authority;
• Advised in respect of obtaining expeditious and unconditional merger approval in respect of global whisky producers before the Nigerian Federal Competition and Consumer Protection Commission;
• Prepared and advised clients in respect of dawn raid training materials;
• Advised in the preparation, submission and approval of a merger filing in South Africa in respect of the proposed acquisition by a French multinational listed company active in the design and development of electrical systems of a British aerospace manufacturer as well as advising on complex public interest related concerns thereto as well as advised the parties in respect of ancillary public interest related commitments;
• Advised in the preparation, submission and subsequent successful approval of an urgent merger filing in South Africa in respect of the proposed acquisition of a multinational company active in the supply of industrial packaging products of another multinational manufacturer of plastic packaging products (which filing was prepared within two weeks after having obtained instruction) as well as advising on public interest related issues;
• Successfully advised in the preparation and submission of an exemption application in South Africa in respect of a client in the LPG market;
• Advising and preparing the merger filing before the South African Competition Commission in respect of an internal restructuring involving a Qatar-based wealth fund and three separate wind farm projects and properties located in South Africa (which merger filing was prepared within a week of obtaining instruction in order to meet deadlines set out by the share purchase agreement);
• Preparing and advising on a merger filing in respect of a South African FMCG company’s acquisition of a regional distributor of rice before the South African Competition Commission;
• Advising and preparation of a merger filing as well as a request for an advisory opinion in respect of a proposed acquisition of a trademark by a multinational FMCG company in eSwatini;
• Advising and representing a multinational FMCG client before the eSwatini Competition Commission in respect of allegations of abuse of dominance and predatory pricing as well as in respect of a market inquiry conducted by the agency;
• Advising a multinational FMCG client in respect of the ongoing Fresh Produce Market Inquiry conducted by the South African Competition Commission as well as preparation of submissions for oral hearings on behalf of the client;
• Advising and preparing merger filings across African countries and regional agencies (including South Africa, COMESA, Nigeria and Morocco) and in relation to the acquisition by an international plastics company of a plastic distributor (Tyla was particularly involved in the preparation of the filing before the COMESA Competition Commission);
• Providing advice to the parent company of a large multinational in relation to a breach of the COMESA Regulations for failure to notify by its subsidiary as well as advising on resultant risks thereto and successfully avoiding risks of imputation of the fine imposed;
• Representing several multinational clients in relation to leniency applications before the South African Competition Commission;
• Preparing and drafting the merger filing forms required and obtained merger approval before the COMESA Competition Commission in respect of a private equity fund’s acquisition of a global chemicals manufacturer;
• Advising a body representing an association of telecommunications companies in respect of amendments to the South African Electronic Communications Act and potential increased market inquiry powers given to the South African Competition Commission and the Independent Communications Authority of South Africa;
• Obtained a revocation order for an international clothing company in respect of a design erroneously registered with the Companies and Intellectual Property Commission;
• Represented a major international parent company in the broader life sciences sector in acquiring a controlling interest in one of the top three pharmaceutical wholesalers in Southern Africa and in doing so ensured the successful conclusion of share purchase agreements with 300 individual shareholders;
• Advising a body representing an association of telecommunications companies in respect of amendments to the South African Electronic Communications Act and potential increased market inquiry powers given to the South African Competition Commission and the Independent Communications Authority of South Africa;
• Advising a client in respect of corporate agreements related to a large South African residential and airport development;
• Preparing ‘playbooks’ to be utilized by a major FMCG company advising on all the applicable African competition legislation and recent developments;
• Advising a client in relation to disposals of its shares and restructurings as well as potential breaches of its memorandum of incorporation and shareholders agreements; and
• Assisting an FMCG company in advice and appeal against the appointment of assignees in terms of the Agricultural Products Standards Act resulting in the ultimate revocation of the relevant assignee by the South African Department of Agriculture.