by VDT Attorneys | Jan 28, 2024 | Competition, Competition Act, Control, Doing Business in South Africa
According to Section 12 of the Act, a merger takes place when one or more firms directly or indirectly acquire or establish direct or indirect ‘control’ over all or a portion of another firm’s operations. The term ‘firm’ in this sense refers to not only...
by VDT Attorneys | Jan 28, 2024 | Competition, Competition Act, Control, Doing Business in South Africa, M&A, Mergers & Acquisitions
A merger takes place when one or more companies, either directly or indirectly, acquire direct or indirect control over the whole or part of the business of another company. A merger can happen by means of buying or leasing shares and assets, a joint venture agreement...
by VDT Attorneys | Jan 26, 2024 | Competition, Competition Commission, Due diligence, M&A, Takeover Regulation
In the dynamic landscape of South African business, M&A represent strategic mechanisms that can reshape industries, bolster market presence, and drive economic growth. There is also a plethora of legal implications involved, and embarking on such ventures is no...
by VDT Attorneys | May 29, 2023 | Competition, Competition Act, Competition Commission, Competition Tribunal
The proposed new rules prescribe how and when the Competition Commission may submit a recommendation to the Competition Tribunal regarding a divestiture. A divestiture is the sale or disposal of an asset by a company and the Competition Commission wishes to ensure...
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 | Feb 7, 2017 | Commercial, Company, Competition
A Competition Amendment Bill, 2017 (“draft Bill”) was published for comment on 01 December 2017 with the proposed amendments being described as “extensive” and “far reaching”. Primarily, the draft Bill seeks to address two structural challenges to the business...
