by VDT Attorneys | Jun 30, 2025 | Earn-outs, M&A, Mergers & Acquisitions, Mergers and acquisitions earn-outs
In M&A deals, buyers and sellers often have conflicting views on value, especially during market highs or lows. The board of a target company aims to maximise shareholder value and is hesitant to sell during downturns when valuations are depressed, even if offers...
by VDT Attorneys | May 30, 2025 | Competition Appeal Court, Competition Commission, Internal Restructuring, M&A, Mergers & Acquisitions
It appears that the Commission has had numerous requests from stakeholders, which have necessitated the publishing of the Guidelines due to the uncertainty in practice as to whether these requirements apply to internal restructurings, particularly in cases where the...
by VDT Attorneys | May 6, 2025 | AI, Competition Commission, M&A, Mergers & Acquisitions
Under the Competition Act 89 of 1998, the Competition Commission and the Takeover Regulation Panel are mandated to evaluate mergers based on competition concerns and public interest factors. However, even with the 2019 amendments to the Competition Act, there is...
by Tenile Timmins | Mar 31, 2025 | Artificial Intelligence, Mergers & Acquisitions
Target identification First and foremost, a merger will not take place if a potential target company is not identified. It is crucial to find a suitable target company or merger partner. Traditional methods of deal sourcing often rely on industry contacts and...
by Tenile Timmins | Mar 3, 2025 | Competition Commission, M&A, Mergers & Acquisitions
Before the enactment of the Amendment Act, section 118 of the Act defined a ‘regulated company’ as a profit company which is a party to an ‘affected transaction’ or an offer involving the securities of such company and which includes – (a) a public company; (b) a...
by Tenile Timmins | Feb 27, 2025 | Competition Commission, Constitutional Court, Mergers & Acquisitions, Retrenchments
The dispute originated from a larger merger in 2016, which combined several South African companies into the single entity Coca-Cola Beverages South Africa (Pty) Ltd (Coca-Cola). The merger was approved by the Competition Commission under the Competition Act 89 of...
