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

A year in market studies

Market studies are one of the key tools available to the CMA and sector regulators (such as the Office for Rail and Road (ORR) and the Office for Communications (Ofcom)) to assess whether markets are functioning competitively and producing good outcomes for consumers. This year we have seen a prevalence of these studies, in particular … Read more

CBAM starts to apply

The EU’s ambitious and innovative Carbon Border Adjustment Mechanism (“CBAM”) was finally adopted as part of a package of other “Fit for 55” climate actions on 10 May 2023.  A first Implementing Regulation of over 100 pages was adopted on 17 August 2023 together with over 350 pages of initial guidance. CBAM is an ingenious … Read more

EU moves towards outbound investment controls: a geopolitical European Commission shifts gear

Introduction The European Commission has become extremely active in creating new instruments to deal with actual and impending geopolitical challenges and threats. We have previously commented on the adoption of various measures including the Foreign Subsidies Regulation, the FDI Screening Regulation, the Carbon Border Adjustment Mechanism, the Anti-Coercion Mechanism, the Critical Raw Materials Act and … Read more

A New Competition Framework for the Digital Economy? Report by the German Commission Competition Law 4.0

On 9 September 2019, the German “Commission Competition Law 4.0” (Commission) submitted its report “A New Competition Framework for the Digital Economy” (English summary available here) to the Minister of Economic Affairs and Energy. The Commission was set up by the minister in September 2018 and mandated with developing recommendations for the further development of European … Read more