by VDT Attorneys | Jan 28, 2024 | Doing Business in South Africa, M&A, Mergers & Acquisitions, Takeover Regulation, TRP
The functioning and legislative framework within which the TRP operates, is established by the Companies Act 71 of 2008 (“Act”) and the Takeover Regulations thereto (“Regulations”) which is applied to “affected transactions” undertaken by “regulated companies”. In...
by VDT Attorneys | Jan 28, 2024 | Doing Business in South Africa, Mergers & Acquisitions, Sale, Sale of Business, Sale of Shares
Despite the existence of the Competition Commission, the statutory body does not review every transaction, thus, the initial stage of each M&A is to determine whether such M&A transaction necessitates the Competition Commission’s approval. As per Section...
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 28, 2024 | Competition Commission, Doing Business in South Africa, M&A, Mergers & Acquisitions
The Competition Commission is another key South African regulatory body governing Mergers and Acquisitions (“M&A”) in South Africa. the Competition Commission is established in terms of the Competition Act, No. 89 of 1998 (“Act”). The Competition Commission’s...
