Competition authorities the world over have observably expanded their consideration of transactions from applying a purely competition-focused lens to one that incorporates the broader needs of society. Many African merger control regimes have developed a competition policy approach that balances traditional competition law considerations with public interest concerns, especially in terms of market concentration, access to competitive markets for small and medium enterprises and employment considerations.

The Competition Commission of South Africa has published the Fresh Produce Market Inquiry Terms of Reference, announcing its intention to conduct a market inquiry into the Fresh Produce Market of South Africa. The Commission has identified three broad themes for the inquiry, which will address the impediments to competition and market outcomes: the efficiency of the value chain; the market dynamics of key inputs and its impacts on producers; and the barriers to entry, expansion and participation in the fresh produce market.

In our 60-minute webinar on 14 March 2023 at 3:00pm CET, we’ll help in-house counsel and competition leaders track what to keep top of mind for 2023 in emerging markets, including Morocco, Egypt, Turkey, South Africa and Saudi Arabia. We’ll also provide practical takeaways to help navigate the new landscape.

The Competition Commission of South Africa has published revised, final guidelines on small merger notifications to more readily be able to identify small mergers and acquisitions involving digital markets. The small merger guidelines were revised due to an increased concern regarding potential anti-competitive acquisitions in the digital markets, which are potentially able to escape regulatory scrutiny. The guidelines will come into effect on 1 December 2022.

This article, written by Clara Hansen, Candidate Attorney, and Angelo Tzarevski in Antitrust & Competition Practice, Johannesburg provides details on the Draft Block Exemption Regulations (“Regulations”) for Small, Micro and SMMEsMedium-Sized Businesses (SMMEs), which were published on 31 August 2022 after consultation with the Competition Commission. The Regulations are intended to enable collaboration between SMMEs and promote the growth and participation of SMMEs in the South African economy.

Baker McKenzie’s latest Africa Competition Report (“Report”) is a collaborative effort between Baker McKenzie’s Africa-focused Competition team and its Africa Relationship Firms. The Report covers a detailed analysis and overview of recent developments in competition law enforcement and competition policy in 32 African jurisdictions and regional bodies. It considers not only recent developments in competition law enforcement and competition policy in each of the highlighted jurisdictions but also provides an overview of regulatory and legislative dynamics and challenges in selected markets.

The South African Competition Commission recently released its Economic Concentration Report, which highlights patterns of concentration and participation in the South African economy. The Report includes details on the Commission’s power to launch market inquiries into highly concentrated industries, as well as its increased authority to impose structural remedies on businesses in these sectors.

Regulators view competition policy as a key driver of economic growth. Although over the past two years African competition regulators have actively engaged in efforts to address pandemic-related challenges, there has also been a general upward trend in competition policy enforcement across the continent.

In recently published analysis Competition in the Digital Economy, Baker McKenzie competition law experts identified common themes related to merger control, abuse of dominance and cartel conduct in Africa, that point to the nexus between competition regulation and the digital economy.

Baker McKenzie recently produced a comprehensive guide covering latest developments in competition law in 25 African countries. The guide, titled An Overview of Competition & Antitrust Regulations and Developments in Africa: 2021, can be downloaded here.