Lebohang is specialist competition lawyer, with extensive experience in both private practice, and as a competition regulator. Prior to joining Bowmans, Lebohang was head of the South African Competition Commission’s Mergers and Acquisitions Division and served as a member of the Competition Commission’s highest decision-making body. Lebohang was also previously the head of the Competition Commission’s Cartels Division and represented the South African Competition Commission at various panels of the International Competition Network. 

Lebohang has extensive experience in evaluating the competitive and public interest effects of mergers, conducting investigations of cartel and abuse of dominance conduct, assessing exemption applications and leading search and seizure operations.  She has also provided training and commentary to other African competition regulators and provided input on the legislative framework for, and enforcement of, competition law in several other African jurisdictions.  Lebohang also has experience in public and municipal financial management and has advised various South African state-owned entities and litigated on behalf of municipalities.

Lebohang has a deep understanding of a broad range of sectors including agriculture, aviation, healthcare, petroleum, mining, fast moving consumer goods, banking and retail. She has handled a number of complex and high-profile matters for clients in both South Africa and other African jurisdictions. 

Lebohang is a member of the Executive Committee of the Association of Competition Law Practitioners in South Africa and in this capacity, has made submissions on draft competition law policy documents published by the South African competition authorities as well as various African countries.

Relevant Experience

Lebohang provides advice on the competition law implications of activities including merger notifications, behavioural matters, competition compliance audits, competition due diligence and competition training.  She has been involved in the following key competition matters:

Mergers:

• Advisor to Dis-Chem Pharmacies in respect of its acquisition of a minority stake in private healthcare provider, Kaelo Holdings. [Transaction c.2021]
• Advisor to Dis-Chem Pharmacies in respect of its acquisitions of healthcare and pharmacy company, Pure Pharmacy Holdings, and of baby goods supplier, Superstrike Investments (trading as Baby Boom). [Transaction approved 2021]
• Advisor to private equity investor, Bopa Moruo Fund II in respect of its investment, together with RMB Ventures Four and New GX Ventures SA, in ASOC I Bidco – the holding company of South African express courier service operator, SkyNet South Africa. [Transaction approved 2021]
• Advisor to Barloworld Automotive in respect of the acquisition by Maponya Motors of Barloworld Maponya. [Transaction approved 2021]
• Advisor to South African consumer and industrial logistics services company, Synchronized Logistical Solutions in respect of its acquisition of QPlas, a manufacturer of plastic automotive parts for the automotive industry. [Transaction approved 2020]

Investigations and complaints:

• Advising retailers in respect of the Online Intermediary Platform Market inquiry conducted by the South African Competition Commission.

Regulatory:

During her time at the South African Competition Commission, Lebohang considered a wide range of mergers and behavioural matters.  Notable matters considered include:

• the granting of short-term exemptions to the Western Cape Citrus Producers Forum (Summer Citrus) as well as the Competition Commission’s refusal of the exemption application of Summer Citrus.
• the investigation of certain agreements involving Wesgrow Potatoes (Pty) Ltd in respect of potato seeds.
• the investigation of certain agreements involving Rooibos Limited.
• Bayer Aktiengesellschaft’s acquisition of Monsanto Corporation.
• Sibanye Gold’s acquisition of Lonmin.
• The acquisition of BEE consortium: Off The Shelf Investment and Glencore’s acquisitions of Chevron South Africa.
• transaction notifications emanating from General Motors’ exit from South Africa.
• Discovery Bank’s acquisition of the First Rand Discovery branded credit card business.
• South African investment group, K2018262882 (South Africa) (Pty) Ltd’s acquisition of TYME Digital Bank.
• DowDuPont’s acquisition of Dow Chemical Company and E.I. du Pont de Nemours.
• the prohibition of the proposed acquisition of Safair by SA Airlink.
• the investigation into certain agreements between SAA, SA Express and SA Airlink.
• the investigation of certain arrangements between Emirates Airlines and travel agents.

Awards

• Co-Authored Thomson Reuters Practical Law Cartel Leniency Global Guide South Africa South Africa Cartel Leniency Global Guidelines Edition 19/20 published in February 2020
• Authored the Competition Law Section of the Acting in Concert and Collaborative Shareholder Engagement, South Africa commission and published by Principles for Responsible Investment (PRI) Published in February 2020
• Authored 2 News Flashes on Zimbabwean and Namibian Competition Law Developments in September and October 2020
• Elected to the Association of Competition Law Practitioners Executive Committee in July 2020
• One of the South African mentors in the W@Competition Mentoring Programme, an international Competition Law mentorship programme initiated in Brussels, Belgium.
• Nominated for the ‘40 in their 40s’ Notable Women Competition Professionals in Africa” in 2019, however she could not proceed with this nomination because she only turned 40 in June 2020.

• Chambers and Partners: Cartels 2023 Guide – South African Chapter
• South Africa: Guidelines on small merger notification
• Feedback from Bowmans’ 10th African Competition Law Conference
• Namibia: Namibian Competition Commission prohibits cement merger
• Zimbabwe – developments in merger control
• Excessive pricing in South Africa in the age of COVID-19
• Thomson Reuters Practical Law Cartel Leniency Global Guide South Africa, 2020