Xolani Nyali is a partner and member of the Competition Practice.

Xolani advises clients on a variety of competition law matters including merger notifications, behavioural matters and frequently assists clients in developing competition law compliance programmes. 

Xolani has experience across a broad range of business sectors and industries, including property, construction, cosmetics, pharmaceuticals, financial services, private equity, technology (including fintech), mobility (air, road and sea) and the automotive industry. Xolani has a keen interest in the competition law aspects of disruptive technologies and joint ventures.  Xolani also has experience in competition law in other African countries, advising clients in both merger and behavioural matters in diverse jurisdictions including Angola, Botswana, Kenya, Namibia, Nigeria, Tanzania and COMESA. He has also commented on the merger guidelines in COMESA and Kenya, the rules of procedure in Kenya and Nigeria, and draft legislation in Namibia and South Africa.

Xolani is a member of the Association of Competition Law Practitioners. Xolani has BCom and LLB degrees from Rhodes University and an LLM from the University of the Western Cape.

Relevant Experience

• Acting for a large property development and management company in the Competition Commission of South Africa’s investigation into long-term exclusive lease agreements in the property retails sector and the subsequent market inquiry into the sector.
• Acting for the automotive industry in the Competition Commission of South Africa’s investigation and subsequent development of a code for the automotive industry.
• Acting for a large non-banking financial services group in South Africa in ongoing price-fixing allegations by the Competition Commission.
• Acting as local counsel to ZF Friedrichshafen AG (ZF) in relation to ZFs acquisition of WABCO Holdings Inc.
• Acting as Kenyan counsel in the sale and purchase of perishables and non-perishables business of Air Connection Limited by Panalpina Airflo Limited, Panalpina Airflo BV and Panalpina Kenya Limited.
• Assisting Komatsu in the South African merger control process in its acquisition of mining equipment manufacturer, Joy Global, Inc.
• Assisted China National Agrochemical Company with the African merger notifications required for the acquisition of Syngenta AG. In Africa the transaction was notified in South Africa, Kenya and COMESA.  
• Acted for Platform Speciality Products Corp. on the African competition law aspects of its acquisition of Arysta LifeScience Limited, approved by the COMESA Competition Commission and by the competition authorities in Namibia, South Africa and Tanzania.
• Acted for the East Africa Cement Producers Association in its successful defence before the Competition Authority of Kenya.
• Acted for Basco Paint (K) Limited in response to a dawn raid by the Competition Authority of Kenya and subsequent strategic assessment of the company and its shareholders’ options.
• Acted for AbbVie on the South African aspects of its acquisition of Allergan
• Acted for Siemens AG on the South African aspects of its proposed merger with Alstom
• Acted for a consortium of private equity buyers on the Angola, Nigeria and Tanzania aspects of their take-private of Aggreko Plc

Awards

• Xolani has been recognised by Who’s Who’s Legal as a Competition Future Leader in the Partners category for three consecutive years: 2019 to 2021.
• Recognised by Who’s Who Legal as a Competition Future Leader in the Non-Partners category in 2017 as well as 2018.
• Listed in the Global Competition Review 2018 in the Senior Associates category.

• The International Comparative Legal Guides: Foreign Direct Investment Regimes 2023 – Fourth Edition: An Overview of Policy and Regulatory Developments in East and Southern Africa
• The Law Reviews: The Merger Control Review: South African Chapter
• Feedback from Bowmans’ 10th African Competition Law Conference
• The International Comparative Legal Guide: Foreign Direct Investment Regimes 2022 – Third Edition: East and Southern African Chapter
• Lexology: Getting the deal through – Fintech 2022: South African Chapter
• The Law Reviews: The Merger Control Review: South African Chapter
• Block Exemption Regulations issued for the Security of Supply of Essential Goods
• South Africa: Competition Commission issues first prohibition decision of a merger on public interest grounds
• Kenya: Competition tribunal issues first decision on abuse of buyer power – Part II
• Kenya: Competition Tribunal issues first decision on abuse of buyer power
• COMESA: The COMESA Competition Commission clarifies the jurisdictional requirements for merger notification
• Nigeria: FCCPC issues Merger Review Regulations and other instruments
• Lexology: Year in Review – merger control issues in South Africa
• South Africa: Competition Tribunal confirms consent agreement between Shoprite Checkers (Pty) Ltd and the Competition Commission
• Thomson Reuters: Merger Control in South Africa, 2020
• Tanzania – Amendments to the penalty provisions in the Fair Competition Act now in effect
• Constitutional Court: No defence of prescription in competition law
• Tanzania – proposed amendments to the penalty provisions in the Fair Competition Act
• The Merger Control Review – Edition 10
• Proposed amendments to the market inquiry provisions of the Competition Act, 89 of 1998 (the Act) as set out in the Competition Amendment Bill, 2018
• Kenya strengthens competition regulation but leaves grey areas
• New trade union notification rules for merging companies in South Africa
• How 2016’s big competition law developments in Africa will affect 2017
• Implications for investors in East Africa as East African Community appoints five new competition commissioners
• Cross border investors in Africa must ensure compliance with up to three regulatory bodies in a merger
• Constitutional Court clarifies the appeals process for competition cases
• Vertical mergers now on the radar of competition regulators
• Big supermarket chains at a crossroads over exclusive leases