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Consumer benefits in mergers – what is the missing focus?

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Consumer benefits in mergers should be the central consideration when evaluating whether a merger enhances or harms the market for consumers. The Competition Tribunal recently blocked a merger between Maziv and Vodacom, two major players in South Africa's telecommunications sector.

Proposed amendments to guidelines on small merger notifications

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The Competition Commission (the Commission) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets.

The inadvertent merger?

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It often happens that a start-up business is unable to raise start-up capital in the conventional financial market. Banks and other conventional lenders often find the risk profile of a new business with no reliable track record unattractive. Not only is the viability of the new business unproven, but the new enterprise often faces regulatory hurdles that may inhibit its entry into the market.

Higher penalties on the cards for failing to notify mergers

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When faced with legislation that requires parties to take certain steps or prevents them from implementing a particular course of action, the questions often asked include 'what are the consequences and who will be liable to pay?' For a long time been uncertainty about the penalty firms would face if they fail to notify a merger and/or implement a merger without the requisite approval of the competition authorities.

Competition Commission increasingly concerned by effects of industry consolidation

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The Competition Commission of South Africa is becoming increasingly concerned with the coordinated effects in mergers. Worldwide, there is increased concern by competition authorities that...

Franchising: a safe bet in a tough economic climate?

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With the economy seeing consecutive negative growth that has placed it in the grips of a technical - but very real - recession. It will...

Competition Law – lower merger thresholds?

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As promised earlier this year, Minister of Economic Development, Ebrahim Patel, has begun the process of implementing changes to the Competition Act, 89 of...

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