Great Expectations – Is South Africa’s Failure to Prevent Corruption Offence Another Paper Tiger?

The South African Legislature has amended South Africa’s corruption legislation, creating a new offence of “failing to prevent corruption”. Now, private sector and state-owned companies face potential liability for the conduct of “Associated Persons”. The Judicial Matters Amendment Act 15 of 2023 (“JMAA“) came into operation on 3 April 2024. In an attempt to answer … Read more

Challenging Times for M&A

Activity  M&A activity in Africa experienced a sharp decline in 2023 when compared to 2022. Key factors which contributed to the slowdown in M&A activity in 2023 included rising inflation, the increased cost of capital and the major geopolitical events and general uncertainty affecting global markets. These factors have impacted M&A globally, with Africa being … Read more

South African and African Competition Law Update

South African Competition Law Developments 1. Competition Commission Issues Draft Public Interest Guidelines for Merger Control 2. Competition Appeal Court Dismisses Alleged Forex Cartel Case against Most Respondents 3. Competition Tribunal Prohibits Proposed Merger between Akzo Nobel and Kansai Plascon 4. Sekunjalo Group Denied Leave to Appeal to the Constitutional Court 5. Competition Commission Recommends … Read more

Chambers Global 2024 rankings confirm our market-leading status in Africa

Herbert Smith Freehills’ Africa practice continues to perform strongly in the 2024 edition of Chambers Global, with top tier rankings in the following Africa-wide categories: Band 1 for Africa-wide Projects & Energy for the 16th consecutive year Band 1 for Africa-wide Projects & Energy: Mining & Minerals for the 13th consecutive year Band 1 for Africa-wide Projects & … Read more

Mining’s humpty dumpty cries out to be put together again

If SA is to attract investment into the sector, the serious challenges range from illegal mining to raising capital. Like the children’s nursery rhyme, the SA mining industry had its origin more than a century ago — and Humpty Dumpty’s plight is perhaps also a fitting analogy for its current state. As the world focuses … Read more

Draft COMESA regulations propose significant changes to the COMESA competition law regime

On 24 January 2024, the COMESA Competition Commission (‘Commission’) issued a request for comments on its proposed draft COMESA Competition and Consumer Protection Regulations (‘Draft Regulations’), which will serve to update, and substantially amend, the current COMESA Competition Regulations, 2004 (‘Regulations’). The Regulations were adopted and entered into force in 2004, although the Commission only … Read more

Francophone Africa competition law update

REGIONAL CEMAC A. INSTITUTIONAL UPDATES New composition of the CEMAC Commission effective since 2 June 2023 10th and 11th sessions of the CEMAC Competition Community Council (CCC) About the CEMAC website B. MERGER CONTROL UPDATES Publication of summaries of notifications filed with the CEMAC Commission on its website or on the CCC’s website Clearance of … Read more