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Filter: Competition Commission
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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133
Article
Merger retrenchments or operational cuts – Where’s the line?

27 February 2025,  Mark le Riche

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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333
Article
Vodacom-Maziv merger blocked: competition vs public interest

05 February 2025,  Mark le Riche

The proposed Vodacom-Maziv merger, combining the largest mobile operator with a key fibre player, highlights the delicate balance between competition... and public interest in mergers.

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550
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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796
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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980
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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648
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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1068
Article
Private vs Listed Company M&A Transactions

15 April 2024

Mergers and Acquisitions (“M&A”) are a pivotal part of South Africa’s growing and developing corporate landscape. There are however some... unique differences when dealing with private or listed company M&As. In this article, we look at some of the more distinctive traits and considerations associated with M&A transactions in these two sectors in South Africa.

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1304
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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1049
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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1465
Article
An introduction to mergers and acquisitions in South Africa

24 January 2024,  Johnny Davis, Luhann Prinsloo

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

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3394
Article
Competition Act new draft rules for company divestiture recommendations

29 May 2023

The Minister of Trade, Industry and Competition has recently published new draft rules for comment relating to divestiture recommendations made... by the Competition Commission. In this article, we take a look at these new rules.

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868
Article

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