Competition

Competition law presents various challenges for companies doing business in Africa.  The number of competition law regimes across Africa has increased significantly in recent years and national regulators across the continent are  increasingly active.

There are also a number of regional organisations regulating competition law, for example, the Common Market for Eastern and Southern Africa (COMESA), the Central African Economic and Monetary Community (CEMAC), and the East African Community (EAC), which are also strengthening their enforcement powers to effectively regulate competition law at a regional level.

We are at the forefront of developments in African competition law. We monitor competition law developments in various jurisdictions, consider the impact on our clients’ business activities in Africa and strive to develop the application of the law pragmatically. Our internationally recognised competition law experts participate in special committees on competition law; actively comment on draft legislation, guidelines and amendments in a variety of African countries; and regularly contribute to local and international competition law publications.  We are committed to the representation of our clients’ interests and are proud to be involved in most of the prominent competition law cases across Africa.  

We provide a full range of competition and anti-trust law services including in relation to: merger control, cartels and markets, abuse of dominance and other restrictive practices, and trade issues such as the implications of commercial and exclusivity agreements, joint ventures and strategic alliances. We also provide competition law compliance training and conduct competition law audits.  We have significant depth of experience in, and knowledge of, a variety of sectors.

Our clients include local and international businesses operating in Africa as well as multi-national operations investing in Africa.

We were named Competition Team of the Year for 2020, at the prestigious African Legal Awards hosted by Legal Week and the Corporate Lawyers Association of South Africa.

We have consistently been included in the GCR 100, a ranking of the world’s top 100 competition law firms, and, according to IFLR1000, we are ‘most definitely considered a front-runner in the market’ and our peers praise the ‘consistent quality’ of our work.

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Chambers and Partners, 2022 

‘market-leading law firm sought out for its deep subject matter expertise and its involvement in some of the largest matters in the domestic market, across the African continent and globally’

‘advises blue-chip domestic and multinational clients on the competition aspects of high-value M&A transactions in industries such as manufacturing, technology, telecoms, entertainment and consumer goods’

‘houses a respected contentious practice with notable experience in cartel conduct, price fixing and abuse of dominance proceedings, among other areas of prohibited practices’

Legal 500, 2021 

‘has continued to cement its market leading position in South Africa and Africa-wide competition matters and has strongly focused on developing key relationships with competition regulators around Africa’

‘at the forefront of merger control, tapping into the firm’s outstanding record in cross-border M&A’

‘Outstanding legal advice is to be expected from a top legal firm, but it was the proactive, hands-on engagement of the Bowmans antitrust team throughout a protracted and complex antitrust process, which really stood out.’

‘responsive to tight timelines and provided good practical advice. They stand out from other firms on both counts.’

the go-to firm for African filings’

• We advised Royal Bafokeng Platinum Mine on its acquisition of a concentrator plant and related surface rights (including the water and power allocations) in respect of the immovable property owned by Maseve Investments 11 Pty (Maseve) which may be required by RBPlat to access and operate the plant and access to tailings infrastructure, for a consideration equal to the ZAR equivalent of USD 58 million, and the acquisition of 100% of the shares in and shareholder claims owing by Maseve for a consideration equal to the ZAR equivalent of USD 12 million.

• We advised PPC, the largest cement manufacturer in South Africa and a Johannesburg Stock Exchange listed entity, on its proposed merger negotiations with AfriSam Group and various other interested investors.

• We advised Anheuser-Busch InBev (AB InBev) on the African elements of its exit from its 54.5 % stake in Coca-Cola Beverages Africa. The transaction was valued at USD 3.15 billion.

• We advised the Independent Communications Authority of South Africa on its enquiry into pay-TV market.  The outcome of the inquiry has the potential to have a significant impact on the structure of the pay-TV sector and media sector more generally.

• We advised Harmony Gold Mining Company on its USD 300 million acquisition of the Moab Khotsong Mine, the Great Noligwa Mine and related infrastructure from AngloGold Ashanti. We were named  Energy and Natural Resources Team of the Year at the African Legal Awards in 2018 for this work.

• We advised Cell C during an investigation by the Independent Communications Authority of South Africa into whether Cell C was required to obtain regulatory approval prior to its multi-billion Rand recapitalisation and whether it had breached the approval requirements.

• Bowmans acted for China National Chemical Corporation (ChemChina) in relation to African merger filings for its USD 43 billion acquisition of Syngenta AG. This was the fifth largest global M&A transaction of 2016.

• Bowmans advised Weetabix Group, Bowmans acting as Kenyan local counsel, in relation to the acquisition by Post Holdings Inc, of Latimer Newco 2 (which controlled the target Weetabix group of companies including the Kenyan company known as Weetabix East Africa Ltd).

• Bowmans advised General Motors South Africa in relation to the disposal of its Isuzu business to Isuzu Trucks South African and related matters.

• Bowmans advised The Fifth Cinven Fund (managed by Cinven Capital Management (V) General Partner Limited), a Canadian private equity investor, and the Canada Pension Plan Investment Board in relation to the Kenyan competition aspects relating to the acquisition of joint control of GTA Travel Holding Limited (a Swiss travel and tourism company), Kuoni Holdings PLC and their subsidiaries.

• We advised Imperial Holdings on its ZAR 1.8 billion sale of Regent Insurance to Hollard. Our TMT team assisted with negotiating and drafting a transitional services agreement obligating Hollard and Regent to provide services to various Imperial group companies.

• Bowmans advised HNA Group, a multinational conglomerate involved in aviation, real estate, financial services, tourism, logistics, and other industries based on Hong Kong, and CWT Limited, a company based in Singapore in the business of logistics services, commodity marketing, financial services and engineering services, in relation to the African competition aspects of HNA Group’s acquisition of control of CWT Limited pursuant to a voluntary general offer to purchase all the issued shares in CWT.  The transaction will enable the HNA Group to among other things enter the logistics, engineering, financial services and commodity trading sectors and gain a presence in more than 90 companies globally.

• Bowmans advised as South African Counsel to French multinational, Safran S.A., in relation to the African competition aspects of its acquisition of Zodiac Aerospace S.A.

• Bowmans advised as Kenyan local competition counsel to the acquirer and the target company in relation to the acquisition of 49.99% of the share capital and voting rights in La Compagnie d’Exploitation des Services Auxiliaires Aériens S.A by HNA Aviation Group Co., Ltd.

• Counsel to ARM Cement Limited, a leading producer of cement, lime and fertilizer in East Africa, with operations in Kenya, Tanzania and Rwanda, in respect of a uSD140 million equity investment by CDC Group plc. The transaction aims to boost the local supply of cement in East Africa and promote infrastructure development. ARM Cement produces approximately 2.7 million tonnes of cement per year and employs approximately 3000 people.

  CDC Group has indicated that its long-term investment in ARM Cement is designed to help strengthen ARM Cement’s financial structure and to help the company develop to meet the growing demand for sustainably produced cement across sub-Sharan Africa. The transaction is expected to boost ARM Cement’s production capacity and create new jobs.

• Bowmans advised as Competition counsel to the liquidators for Nationwide Airlines (Nationwide), the Tshwane Trust in a case against South African Airways (SAA) in the first damages claim in South Africa resulting from a prohibited practice under the Competition Act. The nature of Nationwide Airlines’ claim was accordingly the second of its kind to be brought in South African law and the first to be litigated, setting a precedent within South African Competition Law. This matter was nominated for the Global Competition Review Awards 2017 Litigation of the year – Non-cartel prosecution: Creative, strategic and innovative litigation on behalf of plaintiffs in a non-cartel private action. On 28 March 2017, this matter was the winner of its category, overtaking competition litigation matters from all around the world.

• Counsel to OMP Africa Investment Company Proprietary Limited in respect of its $ 62.5 million (KES6.4 billion) investment in the Two Rivers Mall in Kenya. The investment comprised of an acquisition of shares and loan funding. Two Rivers Lifesyle Centre Limited is in the process of constructing, developing and leasing out space in the Two Rivers Mall in the Northern side of Nairobi. The Two Rivers Mall, once completed, is said to be the biggest mall in East and Central Africa with a capacity of approximately 62,000 square metres. OMP Africa Investment Company Proprietary Limited is a subsidiary of the Old Mutual Group, and serves as the group’s property holding company across Africa.

• Bowmans advised as Africa competition counsel to Hapag-Lloyd Aktiengesellschaft (HL AG) and United Arab Shipping Company (S.A.G) (UASC) in relation to HL AG’s USD 6,335 million acquisition of control of UASC. The transaction constituted a merger for COMESA purposes.