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Filter: M&A
M&A in SA: Why everyone’s talking about earn-outs

30 June 2025,  Johnny Davis

In South African private mergers and acquisitions (M&A), earn-outs are increasingly used as a tool to bridge valuation gaps and... align the interests of buyers and sellers.

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1789
Article
Competition Commission guidelines on internal restructuring

30 May 2025,  Ahmed Dhupli, Luhann Prinsloo

Thinking of reshuffling your company’s structure? The Competition Commission has just released clear guidelines on when internal changes could count... as mergers, and when you need to notify them. Don’t get caught off guard; find out what the new rules mean for your business.

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969
Article
Walking the M&A tightrope: Telecom and Energy deals in SA

06 May 2025,  Simangaliso Sithole

The telecommunications and energy sectors are undoubtedly amongst the key drivers of the South African economy at present. However, with... an increasing number of mergers and acquisitions (“M&A”) occurring in these sectors, the Competition Commission are imposing stricter approval conditions to promote public interest and balance competition and economic transformation. 

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452
Article
M&A under scrutiny as Companies Act amendments reshape deals

03 March 2025

The Amendment Act has brought about several noteworthy changes in respect of company law. One of the pertinent changes introduced... in terms of the Amendment Act is the new thresholds requiring private companies to comply with the takeover regulations.

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2246
Article
Merging the pieces when transactions become indivisible

03 October 2024,  Luhann Prinsloo

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

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1986
Article
Merger & Acquisitions: Why they fail?

15 April 2024,  Mark le Riche

Mergers and Acquisitions (M&A) are intricate commercial transactions that hold huge potential for economic growth, investment, job creation and increased... market competitiveness. Yet, their complexity can also be their undoing. In this article, we take a look at some of the main pitfalls and issues in South Africa that result in unsuccessful M&As or M&As that don’t live up to their expectations.

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2204
Article
Alignment or misalignment? The BEE Commission, the Competition Commission and M&A

15 April 2024,  Luhann Prinsloo

As much as M&A transactions are a part of our economic landscape and vital to economic growth and investment in... South Africa, there remains a vital balance been economic growth and addressing historical disparities and increasing the participation of previously disadvantaged in the economy. To regulate and align these objectives, the Competition Commission and BEE Commission play pivotal roles. But, do their functions complement each other? In this article, we investigate how their respective functions and mandates align (or not) in respect of the South African M&A environment.

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1886
Article
Relationship triangle between M&A, BEE and Foreign Entities

15 April 2024,  Johnny Davis, Mark le Riche

The Merger & Acquisition (M&A) landscape in South Africa does not only consider competition within the South African market but... also considers the impact M&A transactions may have on historically disadvantaged people as regulated by the Broad-Based Black Economic Empowerment Act 53 of 2003 (“BEE Act”). In this article, we look at the relationship triangle between M&A transactions, the requirements of the BEE Act, and its impact on foreign entities wishing to invest in South Africa through an M&A.

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2505
Article
A how-to-guide for M&A transactions

15 April 2024,  Ahmed Dhupli, Johnny Davis

A Merger or Acquisition (M&A) can be a complex transaction that can be effected in a number of ways depending... on the nature of the transaction as well as the scope and intent of the parties. In this article, we look at some of the most common methods for affecting an M&A. 

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2749
Article
Competition Commission guidelines for small mergers

28 January 2024,  Johnny Davis

In previous articles, we have examined the different types of mergers and in particular looked at the notification requirements in... respect of intermediate and large mergers. In this article, we take a closer look at the Competition Commission guidelines in respect of small mergers.

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2144
Article
When do you notify the Competition Commission of your merger?

28 January 2024,  Luhann Prinsloo

Not all mergers are created equal with some mergers requiring notification to the Competition Commission and others not. In this... article, we elaborate on the mergers that will require notification as well as the consequences of failing to notify the Competition Commission.

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3228
Article
TRP approval: Essential for SA company transactions

28 January 2024,  Luhann Prinsloo, Millisanté de Wee

The Takeover Regulation Panel (“TRP”) is a key South African regulatory body responsible for regulating certain types of transactions undertaken... by companies in South Africa. In this article, we take a look at a few transactions that specifically need to be approved by the TRP and, in particular, the requirements to give notice of such transactions.

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3719
Article

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