Our Insights

GO
GO
Filter: Doing Business in South Africa
Shining success in pivotal IT sector merger

08 May 2024,  Dr Candice ReyndersJohnny DavisLuhann 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
113
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
235
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
140
Article
Good Housekeeping: Preparing for an M&A

15 April 2024,  Luhann PrinslooSian Angus

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
237
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
235
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
149
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
272
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
434
Article
Competition Commission guidelines for small mergers

28 January 2024,  Johnny DavisSian 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.

READ MORE
471
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
464
Article
TRP approval: Essential for SA company transactions

28 January 2024,  Luhann PrinslooMillisanté 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
748
Article
The regulatory bodies that govern Mergers and Acquisitions

28 January 2024,  Johnny DavisMark le Riche

This article will unpack the regulatory bodies governing mergers and acquisition (“M&A") transactions in South Africa. Several regulators need to... be taken into account when considering an M&A transaction, which includes but is not limited to the Takeover Regulation Panel, the Competition Commission, and the B-BBEE Commission. 

READ MORE
554
Article

Subscribe to our newsletters

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

SUBSCRIBE NOW