Africa competition law newsletter

DEVELOPMENTS IN SOUTH AFRICA

1. Burger King South Africa sale back on the table after revised conditions agreed upon
2. New draft guidelines on small merger notification
3. The Tribunal clears Coca-Cola of merger condition breach
4. South African government encourages permitted collaboration to minimise impact of social unrest and strengthen the South African economy
5. Constitutional Court rules on question of whether the withdrawal of a complaint by the Commission constitutes “completed proceedings” for double jeopardy purposes under section 67(2) of the Competition Act

DEVELOPMENTS IN THE REST OF AFRICA

6. COMESA Competition Commission issues first merger-related fine
7. COMESA Competition Commission proposes changes to clarify merger regulations
8. The Federal Competition and Consumer Protection Commission of Nigeria is consulting on new antitrust regulations
9. Voluntary peer review of Malawi’s competition law and policy
10. The Mozambican Competition Regulatory Authority identifies its investigative priorities for the future
11. Amendments to the merging filing fees in Mozambique and Nigeria
12. Uganda suspended as a member state of COMESA for arrear payments

DEVELOPMENTS IN SOUTH AFRICA

1. BURGER KING SOUTH AFRICA SALE BACK ON THE TABLE AFTER REVISED CONDITIONS AGREED UPON

1.1. The Competition Commission of South Africa (Commission) appears to have backtracked on its controversial decision to block the acquisition of Burger King South Africa (BKSA) by an international private equity fund over a lack of black ownership. Although permitted by the Competition Act, 1998 (as amended) (Competition Act), in practice no merger has been prohibited solely as a result of public interest concerns since the Competition Act came into force on 1 September 1999.

1.2. The merging parties requested the Competition Tribunal of South Africa (Tribunal) to review the Commission’s prohibition of the proposed transaction in terms of which ECP Africa Fund intended to acquire BKSA and Grand Foods Meat Plant (Pty) Ltd (GFMP) from Grand Parade Investments. A hearing was scheduled by the Tribunal for 18 August 2021. In advance of proceedings, the merging parties together with the Commission had agreed upon a set of conditions which both the merging parties and the Commission believed sufficiently counterbalanced the adverse ownership effects of the transaction.

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