Our Insights

GO
GO
Filter: Competition Commission
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.

READ MORE
426
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.

READ MORE
217
Article
Relationship triangle between M&A, BEE and Foreign Entities

15 April 2024,  Johnny DavisMark 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.

READ MORE
453
Article
Private vs Listed Company M&A Transactions

15 April 2024,  Armand Vermeulen

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.

READ MORE
433
Article
A how-to-guide for M&A transactions

15 April 2024,  Ahmed DhupliJohnny DavisSian Angus

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. 

READ MORE
394
Article
When do you notify the Competition Commission of your merger?

28 January 2024,  Armand VermeulenLuhann 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.

READ MORE
558
Article
An introduction to mergers and acquisitions in South Africa

24 January 2024,  Johnny DavisLuhann 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.

READ MORE
2604
Article
Competition Act new draft rules for company divestiture recommendations

29 May 2023,  Armand Vermeulen

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.

READ MORE
693
Article
New notification requirements for small business mergers

10 January 2023,  Millisanté de Wee

New guidelines for small merger notification have been issued by the Competition Commission and businesses should take note of these... when considering any mergers or acquisitions in the coming year. In this article, we look at the main aspects of these new guidelines.

READ MORE
951
Article
Should I fear the Competition Commission?

06 April 2022,  Luhann PrinslooMillisanté de Wee

Our clients are often concerned about the Competition Commission and implications for their merger or acquisition (M&A) transaction. Firstly, we... can reassure that not all transactions fall within the realm of the Competition Commission’s domain, and secondly, even if it does, the Competition Commission is not there to stop commercial transactions, but rather to regulate them to ensure that the public is not unfairly prejudiced by such a transaction.

READ MORE
1652
Article

Subscribe to our newsletters

Stay up-to-date with the latest news, laws, and events.

SUBSCRIBE NOW