by VDT Attorneys | Apr 15, 2024 | B-BBEE Act, Competition Commission, M&A, Mergers & Acquisitions
The Competition Commission is the guardian of fair competition in South Africa, with its primary objective the prevention of anti-competitive behaviour to ensure markets remain open, competitive, and conducive to consumer welfare. When assessing M&A, the...
by VDT Attorneys | Apr 15, 2024 | B-BBEE Act, Competition Commission, Doing Business in South Africa, M&A, Mergers & Acquisitions, Takeover Regulation
Major changes were implemented to the M&A landscape in 2019 by the Competition Amendment Act 18 of 2018 (“Amendment Act”). The Amendment Act included additional aspects for the Competition Commission to consider when evaluating M&A transactions,...
by VDT Attorneys | Mar 21, 2022 | B-BBEE Act, B-BBEE Codes, BEE, Procurement
The Preferential Procurement element forms part of one of the three priority elements of the generic B-BBEE scorecard. This means that a sub-minimum of 40% of the scorecard points available on this element (10.80 out of 27 points) must be scored for a generic entity...
by VDT Attorneys | Feb 8, 2022 | B-BBEE Act, B-BBEE Codes, BEE, Competition
When the Competition Commission or Competition Tribunal has to consider whether a merger or acquistion is justifiable and in the public interest, both the Competition Commission and Competition Tribunal will also consider whether historically disadvantaged persons...
by VDT Attorneys | Dec 14, 2021 | B-BBEE Act, BEE, Business
To answer this, it is important to outline the objectives of the Broad-Based Black Economic Empowerment Act 53 of 2003 (“B-BBEE Act””). The B-BBEE Act was enacted to redress historical disparities suffered by specific races in South Africa. It aims to do this by...
