Competition

Bowmans provides commercially minded competition law advice in the African context based on an intricate understanding of the law and with respect for local and regional dynamics and cultures.

Our competition law experts pool their diverse expertise and leverage their collective institutional knowledge to deliver innovative, pragmatic and business-centric solutions. The team provides constructive, strategic and results-oriented advice.

We have advised on complex and ground-breaking matters in numerous African competition regimes, including regional competition regimes such as the Common Market for Eastern and Southern Africa (COMESA), the Central African Economic and Monetary Community (CEMAC), the East African Community (EAC) and the West African Economic and Monetary Union (WAEMU).

We have significant depth of experience in a broad range of sectors.

Our clients include local and international businesses operating in Africa as well as multi-national operations investing in Africa. We have also advised several African regulators and government departments.

Specialist Services

Recent significant matters include advising:

Mergers

• A.P. Moller Capital P/S on its acquisition of Vector Logistics, South Africa’s leading frozen infrastructure logistics operator.
• Allianz SE on the agreement reached between Sanlam Ltd and Allianz SE to contribute certain of their respective African operations to a joint venture holding company creating a pan-African financial services group with a footprint across the African continent. The transaction was named DealMakers Deal of the Year 2022.
• Bunge Global SA on its acquisition of sole control of Viterra Ltd to create a global agribusiness solutions company. This transaction won Global Competition Review’s merger control matter of the year, 2025.
• Cisco, as local counsel, on its proposed acquisition of control of cybersecurity company, Splunk Inc. This USD 28 billion transaction combined the parties’ AI, security and observability capabilities.
• Groupe Canal+ on its proposed acquisition of of South African listed media company MultiChoice.
• Marathon Oil on its acquisition by ConocoPhillips.
• Mars Inc. on its acquisition of NYSE listed global snacking, cereal and noodles company Kellanova.
• PepsiCo Inc. on its acquisition of Pioneer Foods for approximately USD 1.7 billion – representing one of PepsiCo’s largest investments outside the USA. The transaction was notified to and approved by the COMESA, Namibian, Nigerian and South African competition regulators.
• SABMiller plc on African competition law aspects relating to the acquisition by Anheuser-Busch InBev SA/NV of SABMiller. This multi-jurisdictional transaction won Global Competition Review’s Deal of the Year, 2017.
• South African Minister of Trade, Industry and Competition on various merger proceedings (including advising on the negotiation and drafting of framework agreements and merger conditions, and representing the Minister at hearings, with a particular focus on public interest) before the Competition Tribunal, including the acquisitions:
  • by Air Liquide Large Industries South Africa of 16 Air Separation Units owned by Sasol South Africa;
  • by IRL (South Africa) Resources Investments of the assets of Mapochs Mine; and
  • by Shoprite Supermarkets of certain businesses of Massmart Holdings.
• TotalEnergies on various matters including the acquisition of sole control of Total Eren Holding and its subsidiaries within the renewable energies sector and TotalEnergies’ sale of its 36.6% interest in National Petroleum Refiners of South Africa.
• Vitol Group on the African competition law aspects of its acquisition of control of UK-listed entity, Vivo Energy plc, including coordinating the competition notifications in Botswana, Cape Verde, COMESA, CEMAC, Mozambique, Namibia, Tanzania and WAEMU.

Market conduct and behavioural investigations

• beIN Media in the COMESA Competition Commission’s first behavioural investigation, concerning licensing arrangements between various broadcasters and the Confederation of African Football.
• Coca-Cola Beverages Africa in an application filed with the COMESA Competition Commission to authorise its exclusive distribution agreements in the Common Market in terms of Article 20 of the COMESA Regulations.
• Microsoft on the pricing of its Azure cloud service vis-à-vis other cloud service providers.
• The Namibian Competition Commission in complaint proceedings against the Namibian Association of Medical Aid Funds and its member medical aid funds.
• Various clients in market inquiries launched by the South African Competition Commission including:
  • Online Intermediation and Platforms Inquiry – this was the first market inquiry launched under the amended market inquiry provisions of the Competition Act. We represented a range of large international clients such as Amazon, Apple, com, Famous Brands, Meta, Smollanand Travelport. We are also advising Apple and Booking.com in potential appeal and High Court review applications in response to the Competition Commission’s findings in the inquiry;
  • Media and Digital Platforms Inquiry – Apple, Havas Media,Meta, Microsoft, Omnicom Group, and other clients in the media space;
  • Data Market Inquiry – Cell C;
  • Fresh Produce Market Inquiry – Omniaand Foskor;
  • Grocery Retail Market Inquiry – Coca-Cola Beverages South Africa;
  • Polymers Market Inquiry –  Safripol;
  • Private Healthcare Market Inquiry – one of South Africa’s three largest hospital groups;
  • Public Passenger Transport Market Inquiry – the Transport Association and Unitrans; and
  • Steel Market Inquiry – Duferco. 

Competition litigation

• Anheuser Busch InBev SA/NV(ABI) and Tanzania Breweries Ltd (TBL) in appeal proceedings against the decision by the Tanzanian Fair Competition Commission to prohibit ABI’s indirect acquisition of control of Tanzania Distilleries Ltd (TDL) and to require TBL to divest of its shareholding in TDL. Pursuant to the appeal, the Tanzanian Fair Competition Tribunal unconditionally approved the transaction and set aside the divestment order.
• Coca Cola Beverages Africa(CCBA) in proceedings launched by the Trade Competition and Consumers Protection Authority in Ethiopia against CCBA’s local subsidiaries. The matter was taken on appeal and won before the Ethiopian Appellate Tribunal and ultimately the Ethiopian Supreme Court.
• Macquarie Bank Ltd and BNP Paribas on the South African Competition Commission’s investigation into the South African banking sector in the context of worldwide investigations into the manipulation of foreign currency exchanges. We have advised on various proceedings before the Competition Tribunal, Competition Appeal Court, and are advising in proceedings to be brought before the Constitutional Court.
• Sasol on various matters including the gas pricing complaint lodged by the Industrial Gas Users Association of South Africa, Spring Lights Gas and Egoli Gas. We represented Sasol Gas before the Competition Tribunal and Competition Appeal Court.
• The Meta Group (Facebook Inc, Facebook South Africa and WhatsApp Inc) in urgent interim relief and complaint proceedings before the South African competition authorities.

Specialist Services