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Xolani Nyali

Partner | Cape Town

Xolani-Nyali

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Contact

T: +27 21 480 7904

Overview

Xolani specialises in domestic and cross-border competition law, covering mergers, behavioural practices, training, and compliance. He provides constructive, practical, and long-term strategic advice to clients operating across the continent.

He has led a number of significant merger transactions and behavioural matters in Africa and is known for his precise and decisive execution and pragmatic approach to overcoming the obstacles that arise in these jurisdictions.

Xolani has advised clients in respect of merger control and behavioural matters across several African jurisdictions including Angola, Botswana, CEMAC, COMESA, Kenya, Mozambique, Namibia, Nigeria, South Africa, Tanzania, WAEMU and Zambia. He has also provided comments on the merger guidelines in COMESA and Kenya, the rules of procedure in Kenya and Nigeria, and draft legislation in Namibia and South Africa.

 

Experience

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 also has a keen interest in the competition law aspects of disruptive technologies and, joint ventures.

Xolani has advised :

Mergers

  • Saudi Arabian Oil Company (Aramco), as local counsel, in relation to its acquisition of the Valvoline Inc. global products business. The USD 2.65 billion transaction marked Valvoline Inc.’s global exit from the engine and automotive preventive maintenance products. The matter was notified to a number of competition authorities in Africa. [c. 2023; Jurisdictions: South Africa, Kenya, and Nigeria; advice re Angola.]
  • AP Moller Capital in relation to the merger notifications required in Botswana, Namibia, South Africa, and Zambia in respect of its acquisition of Vector Logistics. [c.2023]
  • Tanga Cement Public Limited Company, as target entity, in relation to Scancem International DA’s acquisition of control of Tanga. The transaction was notified to and conditionally approved by the Tanzanian Fair Competition Commission. The matter is a complex one, which has attracted contestation and Xolani is also advising Tanga in relation to ancillary hearing processes before the Fair Competition Commission. [c.2022/23]
  • Local counsel in relation to the Nigerian merger control aspects of Yokohama Rubber Company Limited’s acquisition of control Trelleborg’s Wheel System business. [c.2023]
  • Abu Dhabi National Energy Company PJSC (TAQA), as local counsel, for the purposes of the submission of a merger notification to the COMESA Competition Commission in relation to its acquisition of joint control Abu Dhabi Future Energy Company PJSC – Abu Dhabi’s flagship clean energy company. The deal was valued at approximately USD 20 billion and allowed for the energy giants of Abu Dhabi to consolidate their renewable energy and green hydrogen efforts into a single global clean energy entity. [c.2023]
  • Advised in obtaining competition clearance for the acquisition by (i) funds managed by Vista Equity Partners Management, LLC; and (ii) funds and investment vehicles managed by Elliott Investment Management, L.P. of indirect joint control of the combined businesses of Citrix Systems, Inc. and TIBCO Software, Inc. The transaction was valued at USD 16.5 billion and created one of the world’s largest software providers. [c. 2023]
  • Saudi Agricultural and Livestock Investment Company, a subsidiary of the Public Investment Fund of Saudi Arabia in respect of its acquisition 35.43% in Olam Agri Holdings Pte. Ltd. [c. 2023]
  • Vitol Group in respect of the African competition law aspects of the acquisition of control of UK listed entity, Vivo Energy plc. Bowmans is coordinating the competition notifications in Botswana, Cape Verde, COMESA, CEMAC, Mozambique, Namibia, Tanzania, and WAEMU. [Transaction ongoing 2022] 
  • AP. Moller – Maersk A/S in respect of its acquisition of Senator International (an internationally operating freight forwarder). Bowmans secured unconditional competition clearance in South Africa notwithstanding the Competition Commission’s assessment that the transaction exhibited high market-shares in certain container liner shipping routes. The merger parties argued for unconditional clearance on novel public interest grounds, in particular, the promotion of a greater spread of ownership by historically disadvantaged persons/workers. Xolani successfully argued that a proper construction of the public interest provisions did not require a public interest intervention in all cases and without deciding the point, the Competition Tribunal cleared the transaction without commitments. 
  • SK Capital Partners, L.P. in respect of the acquisition of the pigments business of Clariant AG by a consortium comprising SK Capital Partners’ affiliate and the Halbach Group. [Transaction closed 2022]
  • Cargotec (supplier of material flow solutions) in respect of its acquisition of Konecranes Plc. [Transaction abandoned 2022]. 
  • Refinitiv (global provider of financial markets data) in respect of the South African competition law aspects of The London Stock Exchange’s acquisition of Refinitiv. [Transaction closed 2021]
  • Squared Capital Advisors in respect of the joint acquisition of Aggreko by funds managed by I Squared Capital and TDR Capital. Aggreko is a UK based, public company that supplies power generation and temperature control equipment. Xolani oversaw the merger clearance processes in Africa, including two nascent jurisdictions, which involved developing and testing the merger control processes required in these jurisdictions. [Transaction closed 2021]

Awards

  • Chambers and Partners ranked Xolani as “Up and Coming” in Competition/Antitrust in 2024
  • Who’s Who Legal recognised Xolani for his work in Competition(2022).
  • Lexology awarded Xolani the Client Choice Award in 2022.
  • African Legal Awards shortlisted Xolani for Private Practice Rising Star – Mid-Large Practice, 2022.
  • Global Competition Review recognised Xolani for his work as a Senior Associate in Competition (2018).

‘Xolani Nyali has taken the time to get to know our business and its strategy and culture, and he has become our primary contact for competition law matters.” -Chambers and Partners, 2024

‘The competition lawyers at Bowmans (and especially Xolani Nyali) are very competent and extremely responsive. They provide pragmatic and timely advice.’– Legal 500, 2024

 

AREA OF EXPERTISE

Qualifications

  • B.Com and LLB degrees from Rhodes University.
  • LLM from the University of the Western Cape.
  • A member of the Association of Competition Law Practitioners

INSIGHTS

South Africa: Competition Commission intends to launch Polymers Market Inquiry COMESA: Amendments to the COMESA Competition Regulations COMESA: Competition Commission partially prohibits AkzoNobel’s acquisition of Kansai Plascon Harnessing Africa’s Free Trade Agenda – Institutional structure and broad objectives of the AfCFTA Agreement The International Comparative Legal Guides: Foreign Direct Investment Regimes 2023 – Eastern 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 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

Overview

Xolani specialises in domestic and cross-border competition law, covering mergers, behavioural practices, training, and compliance. He provides constructive, practical, and long-term strategic advice to clients operating across the continent.

He has led a number of significant merger transactions and behavioural matters in Africa and is known for his precise and decisive execution and pragmatic approach to overcoming the obstacles that arise in these jurisdictions.

Xolani has advised clients in respect of merger control and behavioural matters across several African jurisdictions including Angola, Botswana, CEMAC, COMESA, Kenya, Mozambique, Namibia, Nigeria, South Africa, Tanzania, WAEMU and Zambia. He has also provided comments on the merger guidelines in COMESA and Kenya, the rules of procedure in Kenya and Nigeria, and draft legislation in Namibia and South Africa.

 

Experience

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 also has a keen interest in the competition law aspects of disruptive technologies and, joint ventures.

Xolani has advised :

Mergers

  • Saudi Arabian Oil Company (Aramco), as local counsel, in relation to its acquisition of the Valvoline Inc. global products business. The USD 2.65 billion transaction marked Valvoline Inc.’s global exit from the engine and automotive preventive maintenance products. The matter was notified to a number of competition authorities in Africa. [c. 2023; Jurisdictions: South Africa, Kenya, and Nigeria; advice re Angola.]
  • AP Moller Capital in relation to the merger notifications required in Botswana, Namibia, South Africa, and Zambia in respect of its acquisition of Vector Logistics. [c.2023]
  • Tanga Cement Public Limited Company, as target entity, in relation to Scancem International DA’s acquisition of control of Tanga. The transaction was notified to and conditionally approved by the Tanzanian Fair Competition Commission. The matter is a complex one, which has attracted contestation and Xolani is also advising Tanga in relation to ancillary hearing processes before the Fair Competition Commission. [c.2022/23]
  • Local counsel in relation to the Nigerian merger control aspects of Yokohama Rubber Company Limited’s acquisition of control Trelleborg’s Wheel System business. [c.2023]
  • Abu Dhabi National Energy Company PJSC (TAQA), as local counsel, for the purposes of the submission of a merger notification to the COMESA Competition Commission in relation to its acquisition of joint control Abu Dhabi Future Energy Company PJSC – Abu Dhabi’s flagship clean energy company. The deal was valued at approximately USD 20 billion and allowed for the energy giants of Abu Dhabi to consolidate their renewable energy and green hydrogen efforts into a single global clean energy entity. [c.2023]
  • Advised in obtaining competition clearance for the acquisition by (i) funds managed by Vista Equity Partners Management, LLC; and (ii) funds and investment vehicles managed by Elliott Investment Management, L.P. of indirect joint control of the combined businesses of Citrix Systems, Inc. and TIBCO Software, Inc. The transaction was valued at USD 16.5 billion and created one of the world’s largest software providers. [c. 2023]
  • Saudi Agricultural and Livestock Investment Company, a subsidiary of the Public Investment Fund of Saudi Arabia in respect of its acquisition 35.43% in Olam Agri Holdings Pte. Ltd. [c. 2023]
  • Vitol Group in respect of the African competition law aspects of the acquisition of control of UK listed entity, Vivo Energy plc. Bowmans is coordinating the competition notifications in Botswana, Cape Verde, COMESA, CEMAC, Mozambique, Namibia, Tanzania, and WAEMU. [Transaction ongoing 2022] 
  • AP. Moller – Maersk A/S in respect of its acquisition of Senator International (an internationally operating freight forwarder). Bowmans secured unconditional competition clearance in South Africa notwithstanding the Competition Commission’s assessment that the transaction exhibited high market-shares in certain container liner shipping routes. The merger parties argued for unconditional clearance on novel public interest grounds, in particular, the promotion of a greater spread of ownership by historically disadvantaged persons/workers. Xolani successfully argued that a proper construction of the public interest provisions did not require a public interest intervention in all cases and without deciding the point, the Competition Tribunal cleared the transaction without commitments. 
  • SK Capital Partners, L.P. in respect of the acquisition of the pigments business of Clariant AG by a consortium comprising SK Capital Partners’ affiliate and the Halbach Group. [Transaction closed 2022]
  • Cargotec (supplier of material flow solutions) in respect of its acquisition of Konecranes Plc. [Transaction abandoned 2022]. 
  • Refinitiv (global provider of financial markets data) in respect of the South African competition law aspects of The London Stock Exchange’s acquisition of Refinitiv. [Transaction closed 2021]
  • Squared Capital Advisors in respect of the joint acquisition of Aggreko by funds managed by I Squared Capital and TDR Capital. Aggreko is a UK based, public company that supplies power generation and temperature control equipment. Xolani oversaw the merger clearance processes in Africa, including two nascent jurisdictions, which involved developing and testing the merger control processes required in these jurisdictions. [Transaction closed 2021]

Awards

  • Chambers and Partners ranked Xolani as “Up and Coming” in Competition/Antitrust in 2024
  • Who’s Who Legal recognised Xolani for his work in Competition(2022).
  • Lexology awarded Xolani the Client Choice Award in 2022.
  • African Legal Awards shortlisted Xolani for Private Practice Rising Star – Mid-Large Practice, 2022.
  • Global Competition Review recognised Xolani for his work as a Senior Associate in Competition (2018).

‘Xolani Nyali has taken the time to get to know our business and its strategy and culture, and he has become our primary contact for competition law matters.” -Chambers and Partners, 2024

‘The competition lawyers at Bowmans (and especially Xolani Nyali) are very competent and extremely responsive. They provide pragmatic and timely advice.’– Legal 500, 2024

 

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