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Lital Avivi

Partner | Cape Town

Lital-Avivi

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Contact

T: +27 21 480 7921

Overview

Lital is a specialist competition lawyer, providing advice in respect of South African and other local and regional African jurisdictions.  She is trusted by clients across a broad range of sectors to handle complex and multi-jurisdiction transactions in challenging regulatory environments.

Her areas of expertise include merger control (including multi-jurisdiction transactions), competition litigation, prohibited practices, leniency and exemption applications, compliance audits and client training.  Lital has particular interest and experience in private equity transactions in Africa.  She has been involved in a number of prominent competition matters before competition authorities across Africa.

Lital has advised clients in respect of merger control and behavioural matters across several African jurisdictions including Botswana, CEMAC, COMESA, Egypt, eSwatini, Kenya, Namibia, Nigeria, South Africa, Tanzania, Zanzibar, and Zimbabwe.  Furthermore, she has had extensive engagements in novel and high-profile matters with the COMESA Competition Commission, including matters which have led to practice changes being adopted by the COMESA Competition Commission.  Lital has also provided comments on the proposed amendments to the competition legislation in Namibia and provided commentary and advice in respect of the 2019 amendments to the South African Competition Act.

Experience

Lital has assisted clients on the interpretation of competition laws across several African jurisdictions and in respect of all areas of competition law including:

  • vertical and horizontal restrictive practices;
  • abuse of dominance;
  • national and regional merger control (including public interest considerations);
  • prosecutions and competition litigation; and
  • competition audits, compliance and training.

She has been involved in several key and complex mergers, including hostile takeovers and multi-jurisdictional transactions and several behavioural investigations.

Lital has also been involved in various matters heard before the South African Competition Tribunal, Competition Appeal Court and High Court, as well as courts in other African jurisdictions – including the Namibian High Court and Supreme Court and the Tanzanian Fair Competition Tribunal and High Court.

Lital has assisted clients in South Africa and Namibia in preparing competition compliance materials and conducting training, and more broadly, has conducted reviews and provided compliance advice to clients across a range of sectors.

Highlights of the notable matters in respect of which Lital has advised include:

Mergers

  • Allianz SE in relation to the Sanlam/Allianz Joint Venture which won DealMakers Deal of the Year 2022 and was awarded the DealMakers Africa Special Recognition Award. The deal was described as a transaction that “reshapes the African insurance industry”. It involved “27 countries and 12 overlapping countries, creating complexity in terms of valuations, due diligence and regulatory approvals”.
  • NCR Corporation in respect of its proposed acquisition, through Spark ATM Systems Proprietary Limited, of the banking business of Altron Managed Solutions, requiring merger filings in South Africa and various other African jurisdictions.
  • Coca-Cola Beverages Africa Limited in relation to its acquisition of the soft drinks business of Castel Malawi Limited, requiring a COMESA filing.
  • Aton GmbH in respect of its proposed hostile takeover of Murray & Roberts Ltd. The transaction was opposed by the Competition Commission in South Africa, as well as by the target firm (but approved elsewhere in Africa). The matter also involved an urgent interdict application lodged by the target firm before the Competition Tribunal and Competition Appeal Court of South Africa seeking to restrain Aton and its related companies from exercising voting rights in respect of the target firm, which was successfully defended and which set notable precedent.

Market conduct and investigations

  • Advisor to the Namibian Competition Commission in respect of complaint proceedings against the Namibian Association of Medical Aid Funds (NAMAF) and its member medical aid funds before the High Court and the Supreme Court of Namibia.
  • Advisor to Namibian Competition Commission in respect of the settlement reached between the Commission and four companies under investigation for alleged price fixing in the insurance sector in Namibia. Bowmans advised the Commission in respect of the discussions, negotiations and settlement that were concluded.
  • Advising the South Africa Bus Operators Association (SABOA) in relation to the non-referral of the Competition Commission’s investigation into bus operators following the competition complaint made by the Taxi Association of South Africa.

Awards

  • Advised on the Dell/EMC matter which has been nominated for the Global Competition Review (GCR) Awards 2017 Matter of the year: Merger control, cartel, unilateral conduct, litigation or any other competition matter worldwide. Creative, strategic and innovative work by teams of in-house and external lawyers and economists.

AREA OF EXPERTISE

Qualifications

  • BA and LLB degrees and a Certificate in Competition Law from the University of the Witwatersrand.

INSIGHTS

Overview

Lital is a specialist competition lawyer, providing advice in respect of South African and other local and regional African jurisdictions.  She is trusted by clients across a broad range of sectors to handle complex and multi-jurisdiction transactions in challenging regulatory environments.

Her areas of expertise include merger control (including multi-jurisdiction transactions), competition litigation, prohibited practices, leniency and exemption applications, compliance audits and client training.  Lital has particular interest and experience in private equity transactions in Africa.  She has been involved in a number of prominent competition matters before competition authorities across Africa.

Lital has advised clients in respect of merger control and behavioural matters across several African jurisdictions including Botswana, CEMAC, COMESA, Egypt, eSwatini, Kenya, Namibia, Nigeria, South Africa, Tanzania, Zanzibar, and Zimbabwe.  Furthermore, she has had extensive engagements in novel and high-profile matters with the COMESA Competition Commission, including matters which have led to practice changes being adopted by the COMESA Competition Commission.  Lital has also provided comments on the proposed amendments to the competition legislation in Namibia and provided commentary and advice in respect of the 2019 amendments to the South African Competition Act.

Experience

Lital has assisted clients on the interpretation of competition laws across several African jurisdictions and in respect of all areas of competition law including:

  • vertical and horizontal restrictive practices;
  • abuse of dominance;
  • national and regional merger control (including public interest considerations);
  • prosecutions and competition litigation; and
  • competition audits, compliance and training.

She has been involved in several key and complex mergers, including hostile takeovers and multi-jurisdictional transactions and several behavioural investigations.

Lital has also been involved in various matters heard before the South African Competition Tribunal, Competition Appeal Court and High Court, as well as courts in other African jurisdictions – including the Namibian High Court and Supreme Court and the Tanzanian Fair Competition Tribunal and High Court.

Lital has assisted clients in South Africa and Namibia in preparing competition compliance materials and conducting training, and more broadly, has conducted reviews and provided compliance advice to clients across a range of sectors.

Highlights of the notable matters in respect of which Lital has advised include:

Mergers

  • Allianz SE in relation to the Sanlam/Allianz Joint Venture which won DealMakers Deal of the Year 2022 and was awarded the DealMakers Africa Special Recognition Award. The deal was described as a transaction that “reshapes the African insurance industry”. It involved “27 countries and 12 overlapping countries, creating complexity in terms of valuations, due diligence and regulatory approvals”.
  • NCR Corporation in respect of its proposed acquisition, through Spark ATM Systems Proprietary Limited, of the banking business of Altron Managed Solutions, requiring merger filings in South Africa and various other African jurisdictions.
  • Coca-Cola Beverages Africa Limited in relation to its acquisition of the soft drinks business of Castel Malawi Limited, requiring a COMESA filing.
  • Aton GmbH in respect of its proposed hostile takeover of Murray & Roberts Ltd. The transaction was opposed by the Competition Commission in South Africa, as well as by the target firm (but approved elsewhere in Africa). The matter also involved an urgent interdict application lodged by the target firm before the Competition Tribunal and Competition Appeal Court of South Africa seeking to restrain Aton and its related companies from exercising voting rights in respect of the target firm, which was successfully defended and which set notable precedent.

Market conduct and investigations

  • Advisor to the Namibian Competition Commission in respect of complaint proceedings against the Namibian Association of Medical Aid Funds (NAMAF) and its member medical aid funds before the High Court and the Supreme Court of Namibia.
  • Advisor to Namibian Competition Commission in respect of the settlement reached between the Commission and four companies under investigation for alleged price fixing in the insurance sector in Namibia. Bowmans advised the Commission in respect of the discussions, negotiations and settlement that were concluded.
  • Advising the South Africa Bus Operators Association (SABOA) in relation to the non-referral of the Competition Commission’s investigation into bus operators following the competition complaint made by the Taxi Association of South Africa.

Awards

  • Advised on the Dell/EMC matter which has been nominated for the Global Competition Review (GCR) Awards 2017 Matter of the year: Merger control, cartel, unilateral conduct, litigation or any other competition matter worldwide. Creative, strategic and innovative work by teams of in-house and external lawyers and economists.

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