At Bowmans, the practice’s ‘ability to provide a one-stop-shop for all things competition-related in Africa is invaluable when it comes to navigating complex multi-jurisdictional matters‘. Derek Lötter is ‘extremely knowledgeable in competition law‘, and jointly heads the department with Tamara Dini, who possesses ‘a supreme grasp of the technical nature of competition law‘. The team is highly regarded for advising a client base of blue-chip companies on a broad spectrum of complex competition matters, with noted capabilities in handling abuse of dominance allegations, prohibited practices investigations, and merger control mandates. Heather Irvine regularly acts on cross-border mergers, and Rudolph Labuschagne has solid expertise in advising on competition litigation and cartel and abuse of dominance investigations. Other key practitioners include Xolani Nyali, Sivuyise Lutshiti, and Kayla Abrahams. Disebo Leokaoke joined the practice in late 2022.
Competition in South Africa
Bowmans
Responsables de la pratique:
Derek Lötter; Tamara Dini
Autres avocats clés:
Heather Irvine; Disebo Leokaoke; Rudolph Labuschagne; Xolani Nyali; Sivuyise Lutshiti; Kayla Abrahams
Les références
‘Heather Irvine is our trusted SA antitrust counsel. She leads a very strong team. A true leader, smart, organised, technically strong, commercial, patient.’
‘Heather Irvine is outstanding.’
‘They are willing to listen and make sure they fully understand, which culminates in the assistance being 100% spot on.’
Principaux clients
Anheuser-Busch InBev SA NV
The South African Breweries
Amazon
Sasol
Meta Platforms, Inc
NCR Corporation
Royal Bafokeng Platinum Limited
Ardagh Glass Packaging
Apple Inc.
Coca-Cola Beverages Africa
Vitol (and its subsidiary, Vita Gas (Pty) Ltd)
Engen Petroleum
Beam Suntory
Emirates Airlines
Total Energies
Macquarie Bank
BNP Paribas
Old Mutual Limited
Abbott Laboratories
Booking.com
Mediterranean Shipping Company
Nestlé
Pfizer
beIN Media Group
Eskom Holdings SOC Limited
Petredec South Africa
MTN Group and MTN SA
Royal Bafokeng Platinum
British Airways
Pick n Pay
African Oxygen
The Continental Group
Principaux dossiers
- Representing Facebook Inc, Facebook South Africa (Facebook) and WhatsApp Inc (WhatsApp) (as part of the Meta Group) before the Competition Tribunal in relation to allegations of abuse of dominance brought by the Competition Commission.
- Advising a number of prominent international firms on the ongoing Online Intermediation and Platforms and Media and Digital Platforms Market Inquiries.
- Acting for Sasol Limited in relation to the South African Competition Commission’s investigation into excessive pricing of piped gas, following a complaint lodged by the Industrial Gas Users Association (IGUA).
ENSafrica
ENSafrica‘s team stands out for its ‘excellent knowledge and expertise in competition law, and ability to advise on strategy on complex competition issues‘. Led by Jocelyn Katz, the group handles the full spectrum of competition law matters for prominent clients drawn from a wide range of sectors. Justin Balkin assists financial services, insurance, mining, healthcare, private equity and retail companies with merger control matters, abuse of dominance claims, prohibited practice issues and cartel investigations. Natalia Lopes‘ workload includes merger filings and leniency applications; Derushka Chetty is well-versed in advising on prohibited practices litigation and merger notifications; Aidan Scallan acts on horizontal prohibited practices proceedings; and Lizél Blignaut specialises in competition economics. Aziza Mdee, Jessica de Kock and Lameez Mayet are singled out for their contributions to the practice group.
Responsables de la pratique:
Jocelyn Katz
Autres avocats clés:
Justin Balkin; Natalia Lopes; Derushka Chetty; Aziza Mdee; Jessica de Kock; Aidan Scallan; Lizél Blignaut; Lameez Mayet
Les références
‘The practice brings vast and deep experience on acquisitions and mergers. It has a wide base of skilled practitioners and has a deep understanding of regulatory frameworks, requirements and demands in different markets. A trusted, knowledgeable and dependable service provider.’
‘Very experienced. Very reactive. Good team work.’
‘Jessica de Kock – reactive, experienced and competent.’
Principaux clients
A.P. Moller–Maersk Group
Adcock Ingram
Advent International, Cinven and RAG-Stiftung (the consortium)
AkzoNobel
AngloGold Ashanti
Beefmaster Holdings Pty Ltd (“Beefmaster”)
Carlyle Group
CDK Global Inc.
CEVA Logistics
Cipla Limited
CMA CGM
Comair Business Rescue Consortium
Consolidated Infrastructure Group LTD
Corobrik
Dis-Chem Pharmacies Limited
Discovery Limited
Distell Group Holdings Limited (“Distell”)
DSV South Africa Proprietary Limited
Edcon
Emerging Capital Partners
enX Group Limited
Evraz Highveld Steel and Vanadium Limited
Experian
Ford Motor Company of Southern Africa
G4S plc
General Partner Proprietary Limited
Grindrod Group Limited
Hoegh Autoliner AS
Hollard Holdings Limited
IDC
Imerys
Investec Group
Invicta Holdings Limited
Kleoss Fund 1 en commandite Partnership (“Kleoss”)
Konecranes PLC
LafargeHolcim
Massmart
Mediterranean Shipping Company SA
Microsoft Corporation
Netflix
Nestle SA
Old Mutual Insure
RZ Murowa Holdings Limited
PG Group
RMB Corvest
RWC Co Gmbh
Sanlam
Sasol
Sibanye Stillwater
South 32
Stuttafords and Pickfords
Tarsus Technology Group Limited
Tetrad Investments Holdings Proprietary Limited
Teraco Data Environments (Pty) Ltd
Vivo Energy Namibia
The Government Employees Pension Fund (“GEPF”)
Tiger Brands Limited
Totalgaz Proprietary Limited.
ThyssenKrupp AG
Vodacom Proprietary Limited
Absa
Air France KLM
Nedbank
Santam
Vivendi
Health Funders Association
Principaux dossiers
- Advising Distell Group Holdings Limited on a transaction involving the acquisition by Heineken International of a further interest in Namibia Breweries and the combination of Heineken’s current South African business.
- Advising Vivendi S.E. and Lagardère S.A. on the competition aspects concerning the acquisition of sole control by Vivendi S.E. over Lagardère S.A. by way of a public offer.
Webber Wentzel
Webber Wentzel stands out for its strong offering across the full range of competition law matters. Practice head Daryl Dingley advises on exemption applications, compliance issues, merger control and cartel and other prohibited practice investigations, often for clients in the transport, telecoms, financial services, information technology and mining sectors. Robert Wilson has an excellent track record in assisting with market inquiries and merger control cases involving public interest considerations. Martin Versfeld is a key name for handling competition law matters within the medical industry, and Burton Phillips advises on the competition law aspects of transactional mandates. Shawn Van Der Meulen and Mark Garden also stand out for their contributions. Clare-Alice Vertue was promoted to partner in March 2023.
Responsables de la pratique:
Daryl Dingley
Autres avocats clés:
Robert Wilson; Martin Versfeld; Burton Phillips; Mark Garden; Clare-Alice Vertue
Les références
‘A proactive team.’
‘The team is nimble, responsive and agile.’
Principaux clients
ABSA Group Ltd
African Rainbow Minerals Ltd
Anglo American
Remgro Limited
Cars.co.za
Northam Platinum Holdings Limited
GovChat and its subsidiary
Akzo Nobel N.V
Heineken N.V.
JP Morgan Bank, Standard Chartered Bank, Bank of America and Commerzbank
Maersk South Africa (Pty) Ltd
Mobile Telephone Networks (Pty) Ltd
MultiChoice Group Ltd
Naspers Ltd
Woolworths
Oceana Group Ltd
PepsiCo
Raubex Group Ltd
Sea Harvest Group Ltd
Sanlam Ltd Group
Telesure Investment Holdings
Publisher Support Services
RCL Foods Limited
Principaux dossiers
- Providing ongoing assistance to Heineken the acquisition by Heineken International B.V., of a further interest in Namibia Breweries Limited and the combination (within a newly created entity) of Heineken’s current South African business and three businesses within Distell Group Holdings.
- Providing ongoing assistance to Naspers in respect of the Online Intermediation Platforms Market Inquiry initiated by the South African Competition Commission.
Cliffe Dekker Hofmeyr
The competition practice at Cliffe Dekker Hofmeyr has an established track record in assisting with market inquiries and investigations brought by the Competition Commission, and is also strong in advising on the competition law aspects of prominent mergers. Led by Chris Charter, the team has been kept especially busy assisting clients in the financial services, energy, healthcare and food and beverages sectors. Susan Meyer is well versed in representing healthcare entities in complex cross-border mergers, and competition law specialist Albert Aukema regularly advises on prohibited practices proceedings. Lara Granville‘s varied workload includes advising on cartel investigations and merger control matters. Andries le Grange and Reece May are other key figures in the department.
Responsables de la pratique:
Chris Charter
Autres avocats clés:
Andries le Grange; Lara Granville; Susan Meyer; Albert Aukema; Reece May
Les références
‘The team takes the time to really understand the business of each of our clients and have an immense amount of experience in transactions across numerous African jurisdictions. The relationship they have built with the South African competition authorities makes the process so much quicker and easier. ’
‘Susan Meyer is always available and provides prompt and exceptional service to our clients. Her knowledge and experience are unmatched.’
‘What has impressed me is the ability of the team to properly engage, to listen, apply or reject the information fed to them, and turn around the work promptly so that the momentum is not lost and the continuous reviews can take place. We have been super-impressed. In addition, the team displays good commercial sense/acumen to complement their exceptional legal expertise in this field.’
Principaux clients
The Coca-Cola Company
Cosco Shipping
Computershare
Fidelity Services Group
Mediclinic
Old Mutual
GAP Chemicals
EASEED Group
Anglo American
ANZ
Hygrotech Properties
British American Tobacco
Legae Peresec
Massmart
Lonmin
Pelo Agricultural Ventures
Public Investment Corporation
Roche
Shell
Trafigura
Vodacom
Remgro
AdvTech
Curro Schools
Aveng
Capitalworks
Arcelor Mittal
EnviroServ
Investec
Kagiso Tiso Holdings
Parmalat
Tiso Blackstar Group
Liquid Telecoms
Technology Management Services (TCM)
Avon Justine
Rymco
Various Oppenheimer Group Companies
Bud Group
Manganese Producers Consortium
Minister of Economic Development
Business Connexion
Jasco Electronics Holdings
RCL
FNZ
Total-Energies
Sabre Corp
LG
Merck
Sibanye-Stillwater
Corruseal
Lesaka Technologies
African Bank
Azelis
CIB Insurance
DN Invest Proprietary
Food Lovers Market
PSG Group
Apex Partners
Fortress REIT
FNB
Senwes
VKB
Hollywood Bets
Spear REIT
Pam Golding
Vumatel
Engie
BetterHome Group
Sentech
Tiger Brands
Manganese Producers’ Consortium
Mainstream Renewable Power
PPC
National Land Rover Dealers Association South Africa
Babcock Plant Services
Dark Fibre Africa
Hatfield Holdings
Puma Energy
FirstRand Bank
Herbert Smith Freehills LLP
The ‘extremely commercial, strategic and intelligent‘ team at Herbert Smith Freehills LLP is led by the ‘strong‘ Jean Meijer, who garners praise for her ‘exceptional knowledge of competition law‘. The competition, regulation and trade practice has been kept busy handling abuse of dominance claims, high-profile market inquiries, cartel investigations and merger control matters. Nick Altini stands out for his expertise in representing clients in the full range of competition law issues, and has advised on high-profile cases involving discriminatory and predatory pricing matters, contested mergers and cartel investigations. Sandhya Foster and Stewart Payne are key names to note. Leana Engelbrecht left the firm in January 2024.
Responsables de la pratique:
Jean Meijer
Autres avocats clés:
Nick Altini; Sandhya Foster; Stewart Payne
Les références
‘The team’s advice is always practical and of enormous value to a business, because of their ability to quickly grasp the issues, understand the business and what outcome the business is looking to achieve. They do not over complicate matters with legal jargon but rather find commercial, workable solutions to suit the business and achieve the required outcome. They continually keep clients updated on current competition matters in a practical, informative way which is easy to understand.’
‘Jean Meijer is highly intelligent, strategic, commercial and practical. She is able to quickly understand what a business requires and give advice which is implementable and understandable. Sandhya Foster is extremely commercial, intelligent and practical.’
‘The team is highly experienced and well connected.’
Principaux clients
Associated British Foods (including subsidiaries, Illovo Sugar South African and Zambia Sugar)
Air Products South Africa Proprietary Limited
Airlink
Harmony Gold
IHS Holdings
Life Healthcare Group Limited
Naspers Group operating companies (AutoTrader, Mr D, OLX South Africa, Property24 and Takealot.com)
Rain
The Standard Bank of South Africa Limited (including subsidiaries Liberty Life, Liberty 2 Degrees and Stanlib)
Uber Portier B.V. and Uber Eats South Africa Proprietary Limited
Copenhagen Infrastructure Partners
Stanlib
Principaux dossiers
- Successfully defended I&J against allegations of cartel conduct before the Competition Tribunal and in an appeal heard before the Competition Appeal Court, brought against the client by the Competition Commission.
- Acting for a number of South African digital companies, including e-commerce retailer, Takealot.com, and food delivery service, MrD, in the ongoing OIPMI inquiry.
Werksmans Attorneys
Paul Coetser heads up the competition practice at Werksmans Attorneys, which is well known for assisting prominent domestic and international clients with the competition law aspects of M&A deals, competition litigation, and abuse of dominance claims. Rudolph Raath is a key name for carte; cases, while Ahmore Burger-Smidt calls upon significant regulatory expertise to advise telecoms, IT and e-commerce clients on compliance work, as well as merger approvals. Nyiko Mathebula is active on prohibited practices matters. In 2023 Petra Krusche retired, and Nkonzo Hlatshwayo and Phuti Mashalane joined the department.
Responsables de la pratique:
Paul Coetser
Autres avocats clés:
Ahmore Burger-Smidt; Rudolph Raath; Nyiko Mathebula; Nkonzo Hlatshwayo; Phuti Mashalane
Principaux clients
American Towers Corporation
Astron Energy Proprietary Limited
Audatex Proprietary Limited
Bidvest Group Limited
Capital Appreciation Limited
Capitec Bank Limited
Cardtronics PLC
Choppies Enterprises
Computicket
Credit Suisse Group AG
Department of Trade, Industry and Competition
Distell Limited (now Heineken South Africa (RF) Proprietary Limited)
Glencore International AG
Imisebe Printing and Publishing Proprietary Limited
Investec Limited
Isuzu Motors Limited
Kansai Paint
Karan Beef Proprietary Limited
Lenmed Health
Macsteel Global S.A.R.L. BV
Mobile Telephone Networks Proprietary Limited (MTN South Africa) and MTN Group Limited
MultiChoice
Naspers Group and its subsidiaries (including Media24)
Nedbank Limited
PG Bison Proprietary Limited
PriceCheck Proprietary Limited
Samancor Chrome Limited
Samsung Electronics South Africa Proprietary Limited
Shoprite Checkers Proprietary Limited
Sibanye Stillwater
SuperSport International Proprietary Limited
Telkom SA SOC Limited
Thebe Investment Corporation Proprietary Limited
Thungela Operations Proprietary Limited
Toyota Financial Services South Africa Limited
Transnet
Vitol Holding SA
Vivo Energy Limited
Volvo Financial Services LLC
Vox Venture B.V.
Waco Africa
Principaux dossiers
- Advising Vitol Group on the merger approval processes for its acquisition of a 75% stake of Engen Limited across five African jurisdictions.
- Representing Waco Africa before the Competition Tribunal in ongoing proceedings concerning the dismissal of cartel charges brought against the client.
- Acted for SuperSport International in defending the client’s contractual arrangements with Lagardère Sports, within the context of an antitrust investigation.
Fasken
At Fasken, the ‘always responsive, thoughtful and professional‘ competition team reports an increase in market inquiries, and continues to handle a wide spectrum of contentious and non-contentious matters for clients in the pharmaceutical, insurance, banking, construction, mining and media sectors, to name a few. Neil MacKenzie is ‘a fiercely smart and strategic competition law partner‘; he jointly leads the practice with Lesley Morphet, who is highly regarded for her expertise in advising on complex merger filings, cartel investigations, and exemption and leniency applications. Palesa Mpe is well-versed in representing clients from the technology, telecoms, logistics and transport sectors in a range of competition law matters.
Responsables de la pratique:
Lesley Morphet; Neil MacKenzie
Autres avocats clés:
Palesa Mpe
Les références
‘The level of service is excellent and it feels like a boutique firm with on demand personalised attention.’
‘Neil MacKenzie makes us feel like we are his only clients and nothing is ever too much trouble or too complex for Neil to counsel on. He is a valued part of our competition law task team.’
‘The team is approachable, knowledgeable, and offers sound advice.’
Principaux clients
Air Liquide
Amcor Flexibles South Africa Proprietary Limited
SBV
Bayer
Amgen
SAISI
McCain
Alstom
Nomura International PLc
ArcelorMittal South Africa Limited
Marquard & Bahls AG
South African Petroleum Industry Association
Norton Rose Fulbright
Competition law expert Marianne Wagener leads Norton Rose Fulbright South Africa Inc’s practice in this space, which has been kept particularly busy advising financial services, energy, insurance and commodities sector clients on cross-border merger transactions and clearances, cartel investigations and abuse of dominance claims. The ‘very knowledgeable‘ Rosalind Lake has expertise in handling regulatory work and is well versed in advising on mandates involving consumer law aspects. Mark Griffiths fields experience in assisting with contentious merger notifications. Candice Upfold and James Donald also play significant roles in the group.
Responsables de la pratique:
Marianne Wagener
Autres avocats clés:
Mark Griffiths; Rosalind Lake; Candice Upfold; James Donald
Les références
‘Large firm but one that offers individual, flexible and personalized service through knowledgeable and skilled teams. Approachable, patient and adaptable. Open to debate and discussion and great attention to detail.’
‘Very knowledgeable. Excellent insight and understanding of issues. Good drafting skills.’
‘Rosalind Lake is highly adaptable and flexible, resulting in outstanding individual service.’
Principaux clients
Industrial Gas Users Association of South Africa
Wilmar SA (Pty) Ltd
Louis Dreyfus Company Africa (Pty) Ltd and NWK Limited
Barclays Bank plc
AfroCentric Investment Corporation Limited
Bryte Insurance Company Botswana t/a Bryte Risk Services Botswana
PBD Boeredienste (Pty) Ltd
Infinity Renewable Energy B.V.
Renasa Insurance Company Limited
Shadow Capital (Pty) Limited and Blue Ocean Mussels (Pty) Ltd
Department of Public Enterprises
FirstRand Bank Limited
Sandvik AB
NAS Colossal Aviation Services
Ardagh Group
Principaux dossiers
- Assisted IGUA-SA with lodging a complaint with the Competition Commission against Sasol Gas for alleged excessive pricing.
- Represented the Louis Dreyfus Company Africa (LDC) and NWK Limited in a merger clearance investigation arising from LDC’s divestment of its interest in EPKO Oil Seed Crushing (Pty) Ltd, which was a joint venture with NWK.
- Acted for FirstRand Bank in an investigation brought by the Competition Commission concerning a complaint about the termination of banking services of entities in the Sekunjalo Group by various South African banks.
Baker McKenzie Johannesburg
Baker McKenzie Johannesburg’s competition practice is home to a team praised for its ‘top-level expertise‘ in the space. The group reports an uptick in instructions focusing on the competition law aspects of high-profile mergers and acquisitions. Firm managing partner Lerisha Naidu heads the department, and is well versed in handling cartel-related matters, compliance and risk mitigation work, and interim relief applications. Angelo Tzarevski and Sphesihle Nxumalo are key figures in the practice.
Responsables de la pratique:
Lerisha Naidu
Autres avocats clés:
Angelo Tzarevski; Sphesihle Nxumalo
Les références
‘The competition practice at Baker McKenzie is well resourced and I value the expertise in the team.’
‘I can always trust that the advice I receive is well considered. I also appreciate the team’s ability to offer commercial solutions and not just “dry” legal interpretation. I also like their responsiveness; they are also highly pro-active and will brainstorm with the client to explore various solutions. The team approaches the client relationship as a win-win partnership.’
‘The team is young and dynamic, always willing to help and clearly know their area of law really well.’
Principaux clients
Unilever South Africa
Blantyre Capital
Sika AG
GlaxoSmithKline
Platinum Equity Advisors
Henry Schein Inc.
Suez Group
Bidvest Group
Nike
Principaux dossiers
- Acting for Unilever in ongoing proceedings before the Competition Tribunal involving allegations that Unilever had, between 2004 and 2013, engaged in cartel conduct in the edible oils and fats industry.
- Advised Greenpoint Capital and Blantyre Capital on the competition aspects of the clients’ acquisition of Ster-Kinekor Theatres.
- Advised Sika, a Swiss multinational specialty chemical company, on the competition aspects of its global acquisition of MBCC Group.
Nortons Inc
Nortons Inc‘s broad offering in competition law includes advising on merger control issues and market inquiries. Anthony Norton is a key name in the group for competition litigation, and Anton Roets advises on cartel conduct and abuse of dominance claims. Paul Russell has experience in merger control matters and corporate leniency, exemption and interim relief applications, while Michelle Rawlinson advises on market inquiries. Warwick Radford and Nicola Ilgner are significant practitioners in the department.
Responsables de la pratique:
Anthony Norton; Anton Roets; Michelle Rawlinson; Warwick Radford; Paul Russell; Nicola Ilgner
Principaux clients
Impala Platinum Holdings Limited (Implats)
eMedia Investments (Pty) Limited
Private Property South Africa (Pty) Ltd
Mpact Limited
Caxton & CTP Publishers and Printers
Pick n Pay Retailers (Pty) Limited
Sanlam Life Insurance Limited
Anglo American
Anglo Platinum Limited
Kumba Resources Limited
Hosken Consolidated Investments Limited
Mondi Plc
Sasol Limited
bp Southern Africa (Pty) Ltd
Netcare Limited
Seriti Resources Holdings Limited
Tsogo Sun Limited
Momentum Metropolitan Holdings, a division of MMI Limited. (“Momentum”)
Principaux dossiers
- Successfully represented eMedia in obtaining urgent interim relief relating to the removal of four of eMedia’s channels from a dominant satellite TV platform, DStv.
- Assisted Implats with the competition aspects of its successful takeover of Royal Bafokeng Platinum.
Primerio International
Primerio International is home to ‘an exceptional team, highly versed in competition and anti-trust law‘. The pan-African competition law boutique is ‘very close to developments in competition law in Africa, and has great relationships with regulators’. Key areas of instruction for the group remain multijurisdictional merger applications, cartel investigations and abuse of dominance claims. John Oxenham ‘has much international experience and knows what clients need‘; he co-heads the team with the ‘very responsive‘ Michael-James Currie. Stephany Torres acts on competition litigation, and Stephany Torres advises on merger filings. Gina Lodolo and Nicholas Petzwinkler are further names to note.
Responsables de la pratique:
John Oxenham; Michael-James Currie
Autres avocats clés:
Stephany Torres; Joshua Eveleigh; Gina Lodolo; Nicholas Petzwinkler
Les références
‘Primero is a first-class firm. It is responsive, client oriented and well-informed and a pleasure to work with. ’
‘John Oxenham is a well-known and respected attorney in Competition and Commercial Law. The vast knowledge, experience and availability has been very helpful.’
‘John Oxenham is always readily available and goes beyond what is expected to assist the client. His varied experience also allows him to suggest innovative solutions to not so standard legal conundrums. Michael James Currie is always available.’
Principaux clients
Joysen Safety Systems (Takata Corporation) and Takata Japan
Oryx Energies Srl
Voith Group
Eutelsat SA and OneWeb Holdings Limited
K+S Aktiengesellschaft and Industrial Commodities Holdings
Ravago S.A and Emeraude 3.0
Makarenge Electrical Industries (Pty) Ltd t/a Wilec
Sika AG
Ethos Fund IV, Brait Partners, Premier FMCG (Pty) Ltd; Lodestone Brands (Pty) Ltd
Nissan South Africa (Pty) Ltd
Principaux dossiers
- Successfully represented Oryx Energies before the Competition Tribunal in relation to the South African Competition Commission’s investigation into the Liquefied Petroleum Gas sector, concerning allegations of price fixing in the sector’s cylinder deposit scheme.
- Advised K+S Aktiengesellschaft and Industrial Commodities Holdings on completing merger filings in South Africa, Morocco and Zimbabwe.