Competition Law
African competition law is developing rapidly and needs to be closely and regularly monitored due to the serious consequences of a competition law contravention including severe financial penalties, potential damages claims, reputational damages and even criminal sanctions. New competition laws are being proposed, passed, reviewed and amended. Regional competition authorities like the COMESA Competition Commission, the East African Competition Authority and the ECOWAS Regional Competition Authority are becoming increasingly important.
Our members have experienced and qualified specialist lawyers who have advised and assisted many clients in a wide range of sectors with an emphasis on finding practical solutions and the best possible outcome. Our services relate to:
- Merger Control Advice/Filings with Regulators
- Competition Law Due Diligence Investigations
- Competition Compliance Programs
- Prohibited Conduct including Cartel Conduct, Bid Rigging, Market Division, Abuses of Dominance and Other Restrictive Practices
- Local and Cross Border Investigations
- Competition Law Proceedings and Enforcement Action
- Dawn Raids including Dawn Raid Training
- Competition Law Training Programs for Employees
Botswana: Advising the Ministry of Minerals, Energy and Water Resources (MMEWR) in respect of transfer of shares from BCL Mine to Minerals Company Development Botswana (MCDB).
DRC: Legal advice to an American investment bank on the legal capacity of a Congolese company to issue bonds for the investment financing of $600m in the Republic of Congo.
Ghana: Assisted a pan-African Bank on its $10m trade finance facility to an industrial company.
Kenya: Represented Barclays Bank Plc in connection with the re-organisation of its African subsidiaries into a single group holding company (including Barclays Bank of Kenya Limited). Full regulatory compliance, shareholders circular.
Morocco: Legal advice to a Dutch listed company operating in the industrial paintings sector in the merger control clearance process in Morocco in relation to its acquisition of a French group specialized in aerospace coatings.
Nigeria: Legal advice to a FinTech company on the control and restraint of competition in the market.
South Africa: Represented Virgin Airlines in its successful leniency application relating to a cartel with British Airways.
Tanzania: Represented companies in the financial industry on investigations on cartel behaviour and misconduct in market.
Zambia: Legal representation to MTN Zambia, before the Competition and Consumer Protection Commission, regarding a notice of investigation into allegations of abuse of dominance and anti-competitive trade practices instituted by Vodafone Zambia, a business competitor in the provision of telecommunication products and services.
Zimbabwe: Completed consolidation of the shareholding of three European investment funds in one of the leading financial institutions.
Comprehensive Specialist Legal Expertise and Experience Across Africa
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LEX Africa’s lawyers have deep expertise and experience in local laws, regulations, practices and customs. Their goal is to deliver customised services that align with each client’s unique needs, ensuring efficient, compliant and successful outcomes. Together they form a strong Pan African legal team and resource for our clients.
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