Competition Law

Our Competition Law practice has a proven track record of providing strategic advice and practical solutions to competition law issues for clients with business interests in South Africa, Kenya and the rest of Africa.

Competition Law Services

Our team offers a comprehensive service that encompasses every aspect of competition law, including:

  • All aspects of the Competition Act
  • Ensuring compliance through tailored audits, best practice and training
  • Preparing merger notification documents
  • Guiding clients through opposed merger investigation proceedings and hearings
  • Advising in cartel enforcement proceedings, abuse of dominance matters and vertical arrangements
  • Initiating, defending and advising on complaint proceedings before the competition authorities
  • Advising on damages actions relating to anti-competitive conduct
  • Market inquiries
  • Leniency applications and settlements
  • Appeals

Consumer Protection

Our team is a forerunner in the field of consumer protection law in South Africa. This experience together with the team's extensive experience in the field of competition law and related legislation aimed at consumer protection (for example, data protection and advertising) positions us the team perfectly to provide a complete and all-encompassing review of the Competition Act, No 89 of 1998 and its accompanying rules. More on our Consumer Protection service.

Services

Competition Law Services

Our team offers a comprehensive service that encompasses every aspect of competition law, including:

  • All aspects of the Competition Act
  • Ensuring compliance through tailored audits, best practice and training
  • Preparing merger notification documents
  • Guiding clients through opposed merger investigation proceedings and hearings
  • Advising in cartel enforcement proceedings, abuse of dominance matters and vertical arrangements
  • Initiating, defending and advising on complaint proceedings before the competition authorities
  • Advising on damages actions relating to anti-competitive conduct
  • Market inquiries
  • Leniency applications and settlements
  • Appeals

Consumer Protection

Our team is a forerunner in the field of consumer protection law in South Africa. This experience together with the team's extensive experience in the field of competition law and related legislation aimed at consumer protection (for example, data protection and advertising) positions us the team perfectly to provide a complete and all-encompassing review of the Competition Act, No 89 of 1998 and its accompanying rules. More on our Consumer Protection service.

Competition Lawyers

Our Competition Law team has extensive experience in the legal requirements associated with obtaining merger clearance and has successfully represented clients in several high-profile transactions.

Our Competition Lawyers
PRACTICE HEAD

Our Work

Featured

All

Clientèle and Telesure

CDH advised both Clientèle Limited and Telesure Investment Holdings Proprietary Limited on Clientèle's acquisition of 1Life Insurance Limited and Telesure's acquisition of 26% of Clientèle. The transaction, a category 1 transaction under the JSE Listings Requirements, is worth approximately R1,914 billion. The transaction is subject to certain conditions precedent which are expected to be fulfilled or waived by the end of September 2024. 
 
1Life's operations in the underwritten direct and intermediated life insurance market and the funeral mass market will enhance Clientèle's already diversified financial services product offering to the South African market.

Mediclinic; and Matlosana Medical Health Services

CDH is representing Mediclinic, the leading South Africa-based operator of private hospitals.  Our South Africa-based competition team is advising Mediclinic in connection with its acquisition of three hospitals owned by Matlosana, which was prohibited by the Tribunal.  Upon appeal, the Competition Appeal Court overturned the Tribunal decision, and the Constitutional Court, in October 2021, reinstated it in a judgment raising issues around the relevance of constitutional rights and obligations to the 'public interest' assessment in the South African merger control regime.  

Old Mutual

We are representing Old Mutual, the global-leading investment, savings, insurance and banking group with circa £395 billion in assets under management. Our South Africa-based competition team is the on-going adviser to Old Mutual on a range of sophisticated competition law matters.

South African Broadcasting Corporation (SABC)

CDH is representing SABC, the state broadcaster which provides 19 radio stations as well as four broadcast television channels to the general public. Our South Africa-based competition team is the on-going adviser to SABC. Our work for this client over the review period has included counsel in connection with an application brought by Caxton and the Competition Commission to the Constitutional Court for wide investigatory powers to be granted to the Commission.  

Corruseal Group

We are representing Corruseal, the leading South Africa-based packaging manufacturer.  Our South Africa-based competition team picked up the mandate to represent Corruseal (taking over from another firm that represented Corruseal in the Commission investigation) in appeal proceedings in relation to the Competition Commission's prohibition of Corruseal's intended acquisition of Neopak, the South Africa-based manufacturer of recycled containerboard and related paper products.  

Net1 UEPS Technologies; and Net1 Applied Technologies

Cliffe Dekker Hofmeyr represented Net1 UEPS Technologies, the leading South Africa-based JSE- and Nasdaq-listed financial technology company. Our South Africa-based competition team took the lead in notifying Net1 UEPS Technologies' acquisition of Connect Group, a South Africa-based fintech company, in a deal that is transformational for the Net1 business (now named Lesaka Technologies).  

The Australia and New Zealand Banking Group (ANZ)

CDH is representing ANZ, the third-largest bank by market capitalisation in Australia.  Our South Africa-based competition law team is acting for ANZ in defending the Commission's referral of a complaint of collusion in the foreign exchange market.  The Commission alleges that numerous banks manipulated the ZAR/US$ exchange rate.  

Jasco Security and Fire Solutions

CDH represented Jasco Security and Fire Solutions, a leading South Africa-based company offering smart security solutions including fire detection and suppression infrastructure, on securing a no-admission of liability settlement agreement with the Competition Commission, in relation to a referral by the Commission against a number of players in the fire control industry alleging collusive conduct through compliance with the terms of the certification body's rules.  

Roche Products

CDH is representing Roche Products, the South African subsidiary of leading global healthcare company.  Our South Africa-based competition team is advising Roche Products in relation to the Commission's prosecution of Roche Products, F Hoffman La Roche and holding company, Roche AG for alleged excessive pricing of cancer drugs.  

Vodacom

CDH is representing Vodacom, the leading South Africa-based mobile communications company. Our South Africa-based competition team is advising Vodacom on its acquisition of a joint controlling stake in DFA and Vumatel, the leading South Africa-based open access infrastructure providers, through a Newco structure.  Newco is a leading South Africa-based provider of broadcasting and audio-visual services.  

Volaris Group

CDH is representing Volaris, the leading Canada-based buy-and-hold acquirer of software businesses, controlled by Constellation Software, a Canada-based company listed on the Toronto Stock Exchange.  Our South Africa-based competition team is advising Volaris on its offer to acquire control of Adapt IT Holdings, a South Africa-based company listed on the securities exchange operated by JSE, through the acquisition of up to 100 per cent of the issued ordinary shares (excluding treasury shares) of Adapt IT from the holders of the shares by way of a scheme of arrangement.

Our Work

Clientèle and Telesure

CDH advised both Clientèle Limited and Telesure Investment Holdings Proprietary Limited on Clientèle's acquisition of 1Life Insurance Limited and Telesure's acquisition of 26% of Clientèle. The transaction, a category 1 transaction under the JSE Listings Requirements, is worth approximately R1,914 billion. The transaction is subject to certain conditions precedent which are expected to be fulfilled or waived by the end of September 2024. 
 
1Life's operations in the underwritten direct and intermediated life insurance market and the funeral mass market will enhance Clientèle's already diversified financial services product offering to the South African market.

Mediclinic; and Matlosana Medical Health Services

CDH is representing Mediclinic, the leading South Africa-based operator of private hospitals.  Our South Africa-based competition team is advising Mediclinic in connection with its acquisition of three hospitals owned by Matlosana, which was prohibited by the Tribunal.  Upon appeal, the Competition Appeal Court overturned the Tribunal decision, and the Constitutional Court, in October 2021, reinstated it in a judgment raising issues around the relevance of constitutional rights and obligations to the 'public interest' assessment in the South African merger control regime.  

Old Mutual

We are representing Old Mutual, the global-leading investment, savings, insurance and banking group with circa £395 billion in assets under management. Our South Africa-based competition team is the on-going adviser to Old Mutual on a range of sophisticated competition law matters.

South African Broadcasting Corporation (SABC)

CDH is representing SABC, the state broadcaster which provides 19 radio stations as well as four broadcast television channels to the general public. Our South Africa-based competition team is the on-going adviser to SABC. Our work for this client over the review period has included counsel in connection with an application brought by Caxton and the Competition Commission to the Constitutional Court for wide investigatory powers to be granted to the Commission.  

Corruseal Group

We are representing Corruseal, the leading South Africa-based packaging manufacturer.  Our South Africa-based competition team picked up the mandate to represent Corruseal (taking over from another firm that represented Corruseal in the Commission investigation) in appeal proceedings in relation to the Competition Commission's prohibition of Corruseal's intended acquisition of Neopak, the South Africa-based manufacturer of recycled containerboard and related paper products.  

Net1 UEPS Technologies; and Net1 Applied Technologies

Cliffe Dekker Hofmeyr represented Net1 UEPS Technologies, the leading South Africa-based JSE- and Nasdaq-listed financial technology company. Our South Africa-based competition team took the lead in notifying Net1 UEPS Technologies' acquisition of Connect Group, a South Africa-based fintech company, in a deal that is transformational for the Net1 business (now named Lesaka Technologies).  

The Australia and New Zealand Banking Group (ANZ)

CDH is representing ANZ, the third-largest bank by market capitalisation in Australia.  Our South Africa-based competition law team is acting for ANZ in defending the Commission's referral of a complaint of collusion in the foreign exchange market.  The Commission alleges that numerous banks manipulated the ZAR/US$ exchange rate.  

Jasco Security and Fire Solutions

CDH represented Jasco Security and Fire Solutions, a leading South Africa-based company offering smart security solutions including fire detection and suppression infrastructure, on securing a no-admission of liability settlement agreement with the Competition Commission, in relation to a referral by the Commission against a number of players in the fire control industry alleging collusive conduct through compliance with the terms of the certification body's rules.  

Roche Products

CDH is representing Roche Products, the South African subsidiary of leading global healthcare company.  Our South Africa-based competition team is advising Roche Products in relation to the Commission's prosecution of Roche Products, F Hoffman La Roche and holding company, Roche AG for alleged excessive pricing of cancer drugs.  

Vodacom

CDH is representing Vodacom, the leading South Africa-based mobile communications company. Our South Africa-based competition team is advising Vodacom on its acquisition of a joint controlling stake in DFA and Vumatel, the leading South Africa-based open access infrastructure providers, through a Newco structure.  Newco is a leading South Africa-based provider of broadcasting and audio-visual services.  

Volaris Group

CDH is representing Volaris, the leading Canada-based buy-and-hold acquirer of software businesses, controlled by Constellation Software, a Canada-based company listed on the Toronto Stock Exchange.  Our South Africa-based competition team is advising Volaris on its offer to acquire control of Adapt IT Holdings, a South Africa-based company listed on the securities exchange operated by JSE, through the acquisition of up to 100 per cent of the issued ordinary shares (excluding treasury shares) of Adapt IT from the holders of the shares by way of a scheme of arrangement.

Competition Law News

More news

Market recognition

Our Competition Law team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2011–2024 ranked our Competition practice in Band 2 for competition/antitrust.
  • The Legal 500 EMEA 2011–2024 recommended us in Tier 2 for competition.
  • IFLR1000 2009–2018 ranked our practice in Tier 2 for competition.

Market recognition

Our Competition Law team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2011–2024 ranked our Competition practice in Band 2 for competition/antitrust.
  • The Legal 500 EMEA 2011–2024 recommended us in Tier 2 for competition.
  • IFLR1000 2009–2018 ranked our practice in Tier 2 for competition.

Happy Clients

Chambers Global 2024

"The lawyers immerse themselves in understanding the business; over time they become a partner to the business, so it is more like a partnership relationship."

Chambers Global 2024
Chambers Global 2024

"The lawyers are responsive and knowledgeable and give practical advice."

Chambers Global 2024
Chambers Global 2024

"CDH has a very experienced competition law team and has supported us on a diverse range of issues. The lawyers are very competent and available to provide advice on an urgent basis."

Chambers Global 2024
Chambers Global 2024

"It is a well-staffed team under experienced leadership."

Chambers Global 2024
Chambers Global 2024

"Cliffe Dekker Hofmeyr's competition team is really excellent."

Chambers Global 2024
Chambers Global 2023

"The team has always been mindful of the commercial outcomes that are our priority in any given transaction."

Chambers Global 2023
Chambers Global 2023

"The team's commercial awareness is excellent, and the lawyers have a good understanding of our industry and business."

Chambers Global 2023
Chamber Global 2023

"The team has offered innovative solutions to deal with commercial realities."

Chamber Global 2023