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The Competition Commission’s New Groove: A Business-Friendly Shift

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The Competition Commission’s New Groove: A Business-Friendly Shift

Practice Head Chris Charter and Directors Albert Aukema and Reece May were recently featured in Ghost Mail, where they discussed: “The Competition Commission’s New Groove: A Business-Friendly Shift?”

26 Jun 2025 1 min read Article

The CDH experts note that in the midst of a turbulent and unpredictable investment climate, marked by trade tensions, geopolitical conflicts, and uncertainty in both local and international fiscal and trade policies, it’s easy to lose sight of critical issues at the heart of M&A activity. Chief among these is the role of local merger control and whether it contributes to investor uncertainty or helps to reinforce confidence.

In South Africa, they observe that in the context of merger control, the Competition Commission appears to be evolving in its approach. Specifically, the Commission is developing a more nuanced understanding of the impact that its policies on ownership by historically disadvantaged persons (HDPs) and workers have on merger transactions.

While cautious not to overstate early signs, the authors suggest there are encouraging indications that the Commission may be shifting toward a more pragmatic interpretation of ownership requirements under the Competition Act, one that could signal a more business-friendly regulatory environment.

Click here to read more.

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