Nick Altini

Summary Profile

Nick Altini is a director and National Head of our Competition practice. He has been a member of the Competition Law team since March 2005. Prior to that, he practised as a litigator in our Dispute Resolution: Litigation, Arbitration and Mediation practice focusing on commercial litigation.

Since joining the Competition practice, Nick has been involved in several high profile competition matters including complaints of abuse of dominance, alleged collusion between competitors and opposed mergers. He has also advised several well-known clients on aspects of their business strategies in light of competition jurisprudence and has acted for both local and international airlines in seeking exemptions for potentially anti-competitive behaviour. Nick has also successfully obtained leniency, under the local Corporate Leniency Policy for several clients in a range of markets relating to their involvement in cartel activities.

Nick has had diverse experience in regulatory work and has advised clients in, amongst others, the airline, courier, banking, dairy, engineering, print media, education, electronics FMCG, gaming and liquor sectors. In particular, he has built up considerable expertise in matters relating to the Consumer Protection Act, 2008, the Protection of Personal Information Act and the Advertising Standards' Authority Code of Advertising Conduct. Nick's experience in these respects reaches across all aspects of regulatory advice from submissions on draft legislation and regulations, to procedural compliance advice and the review of contract documents for compliance.

Career

Nick began his career as a candidate attorney at Cliffe Dekker Fuller Moore (now Cliffe Dekker Hofmeyr) in 2000. He became an associate in 2002 and was promoted to senior associate at Cliffe Dekker in 2004. In 2006 Nick became a director.

Nick is the Chair of the firm's National Editorial Committee and serves on the Graduate Recruitment Committee for the Sandton office

Education

• BA LLB, University of the Witwatersrand
• Year of admission as an attorney: 2002

Memberships

Law Society of the Northern Provinces

Experience

• Competition
  • Acted for Pioneer Foods (a major listed food producer) in appeal proceedings relating to its alleged role in a national bread price fixing and market allocation cartel.
  • Acting for Pioneer Foods in contested, but ultimately settled, proceedings relating to alleged price fixing and market allocation cartels in the markets for: wheaten flour, maize meal, poultry products, animal feed and baked goods.
  • Acting for Pioneer Foods in complaint investigation proceedings relating to alleged abuses of dominance including excessive pricing and predatory pricing.
  • Advising clients called on to give evidence in contested merger proceedings before the Competition Tribunal.
  • Acting for a local domestic and regional passenger airline in complaint proceedings lodged by it relating to collusion and abuse of dominance in the form of excessive pricing in certain markets for airport facilities.
  • Acting for SA Airlink in the Commission's investigation into alleged price fixing in respect of airline tickets around the Fifa 2010 World Cup.
  • Acting for Pioneer Foods in opposing applications for class action certification (in respect of alleged class damages arising from anticompetitive conduct) and subsequent appeal proceedings.
  • Acting for a local bicycle parts and accessories wholesale distributor in contested proceedings relating to an alleged price fixing cartel in the market for the sale of recreational bicycles.
  • Acting in contested proceedings for a steel processor group where various group entities are alleged to have participated in cartel activities in the markets for industrial roof bolts, reinforcing mesh and reinforcing bar.
  • Acting for Easigas and LPG manufacturer in ongoing complaint investigation proceedings.
  • Acted for a major local gas producer in two investigations relating to alleged abuses of dominance (including price discrimination and exclusionary conduct) in the markets for carbon dioxide supply.
  • Acting for the local Audit Bureau of Circulations in an investigation by local authorities into an allegation that a particular circulation reporting rule constitutes a form of indirect price fixing.
  • Acted for MWeb in its complaint (and withdrawn interim relief) proceedings brought against Telkom SArelating to allegations of abuse of dominance in the form of margin squeeze.
  • Member of the team acting for Harmony Gold Mining Company in successfully seeking clearance for Harmony's proposed merger with Gold Fields pursuant to Harmony's hostile takeover bid.
  • Acted for Harmony Gold Mining Company and DRD Gold in their complaint proceedings before the Competition Tribunal and Competition Appeal Court against Mittal Steel SA and MacSteel concerning allegations of abuse of dominance in the form of excessive pricing.
  • Acted for the Saturday Star Property Guide, an unincorporated joint venture, in opposing complaint referral before the Competition Tribunal based on numerous allegations of anti-competitive conduct.
• Regulatory
  • Extensive advice to a wide range of clients relating to compliance with the provisions of the Consumer Protection Act, 2008. Such advice has included document review and amendment, extensive opinions, compliance training and product labelling compliance evaluation. Clients advised in respect of the Consumer Protection Act include: LG South Africa, Nedbank, Reckitt Benckiser, the Society for Family Heath, Newell Rubbermaid, Standard Bank, Old Mutual, Samsung; Sasol, Vodacom, HSBC and Print Media South Africa.
  • Opinion work and compliance advice in respect of data privacy, the Protection of Personal Information Bill and related matters.
  • The bringing of a judicial review application in respect of regulations in the dairy sector.
  • Advising clients in the postal and education sectors on political lobbying to seek amendments to legislation and carrying out such lobbying.
  • Drafting numerous submissions to ministerial departments and parliamentary portfolio committees on draft statutes and regulations including the Consumer Protection Bill, Labelling of Foodstuffs Regulations, the Infant Feeding Regulations, the Films and the Publications Amendment Bill.

Market Recognition

• IFLR1000 Guide to the World's Leading Financial Law Firms 2010 and 2011 listed Nick as a leading lawyer in Competition law.
• Chambers Global 2009 - 2011 recommended Nick in Competition/Antitrust. "Nick Altini is an assertive negotiator who specialises in litigation, recently acting for SA Airlink and Pioneer Foods."
• Practical Law Company (PLC) Which Lawyer? 2010 and 2011 recommended Nick in Competition/Antitrust.
• Best Lawyers International 2008 - 2011 South Africa ranks Nick in the Competition/Antitrust Law category.