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Filter: M&A
Merging the pieces when transactions become indivisible

03 October 2024,  Luhann Prinsloo, Sian Angus

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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545
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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750
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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492
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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841
Article
A how-to-guide for M&A transactions

15 April 2024,  Ahmed Dhupli, Johnny Davis, Sian 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. 

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Article
Competition Commission guidelines for small mergers

28 January 2024,  Johnny Davis, Sian Angus

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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838
Article
When do you notify the Competition Commission of your merger?

28 January 2024,  Armand Vermeulen, 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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1023
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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1344
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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Article
Takeover Regulation Panel and your M&A transaction

08 July 2022,  Johnny Davis, Millisanté de Wee

When you talk about mergers and acquisitions and specifically the regulation thereof in South Africa, a number of regulators need... to be considered. Two examples of these regulators are the Competition Commission and the Takeover Regulation Panel. In this article, we tackle the second regulator, namely the Takeover Regulation Panel.  

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1934
Article

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