Home /Our Insights /Home /Home
BOOK CONSULTATION SUBSCRIBE

Our Insights

GO
GO
Filter: Doing Business in South Africa
Electric vehicle tax incentives hold business opportunities

26 June 2024,  Johnny Davis

A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local... electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines. 

READ MORE
1068
Article
Shining success in pivotal IT sector merger

08 May 2024,  Dr Candice Reynders, Johnny Davis, Luhann Prinsloo

In a landmark transaction that promises to redefine the landscape of South Africa’s information technology and telecommunications sector, the M&A... Team of PH Attorneys played a crucial role in facilitating the acquisition of a leading cyber security software firm by a multinational enterprise software procurement company. 

READ MORE
512
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.

READ MORE
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.

READ MORE
648
Article
Good Housekeeping: Preparing for an M&A

15 April 2024,  Luhann Prinsloo

When a company is considering a Merger or Acquisition transaction (M&A), it is vital that the correct preparation is done... for the transaction using what we call good ‘housekeeping’ practices. In this article we take a look at these housekeeping practices and why they are important in the run-up to an M&A.

READ MORE
801
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.

READ MORE
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.

READ MORE
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. 

READ MORE
1049
Article
The role of ‘control’ in M&A transactions

29 January 2024,  Mark le Riche

In an earlier article, we examined the requirements for notifying the Competition Commission about your merger. One of the aspects... touched on was the requirement of ‘control’ as an indicator of whether a transaction is reportable or not. In this article, we will delve deeper and examine the ‘control’ element as contemplated in the Competition Act 89 of 1998 (“Act”).

READ MORE
828
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.

READ MORE
974
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.

READ MORE
1465
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.

READ MORE
1729
Article

Subscribe to our newsletters

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

SUBSCRIBE NOW