On 19 October 2022, Canada announced its third round of sanctions measures against the Iranian regime in response to its “ongoing gross and systematic human rights violations and continued actions to destabilize regional peace and security.” These measures add an additional six individuals and four entities to Schedule 1 of the Special Economic Measures (Iran) Regulations.
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.
Current global geopolitical changes have opened up new prospects for Algeria. On the one hand, Algeria is being courted by Europe and redoubling its efforts to increase its energy offering to reap record profit amid high gas prices. On the other hand, additional gas revenues offer opportunities for Algeria to develop the local industry in order to reduce its dependence on imports and fossil energy in the long term, and create jobs and technological partnerships. But can Algeria effectively create a competitive and business-friendly climate to attract foreign investors?
The Constitutional Court in South Africa recently clarified the application of the doctrine of common purpose in the employment law context. The Constitutional Court answered the question as to whether an employer may apply the doctrine of common purpose to dismiss employees for misconduct where the employees were spectators to a violent assault during an unprotected strike. This decision has implications for employers who intend to dismiss employees for these reasons.
On 30 June 2022, the Government of Abu Dhabi Department of Health (DoH) issued Circular No. 147 of 2022 requiring health and pharmaceutical facilities licensed by the DoH (“Licensed Entities”) to obtain a “secure” or “safe” certificate that certifies they operate in full compliance with the requirements of the Abu Dhabi Standard for Health Information Security and Cyber Security Standards (“Standards”). Licensed Entities have until the end of this year (i.e., by 31 December 2022) to complete an audit process to verify their self-certification with the Standards.
The Circular also states that Licensed Entities are urged to apply stricter cybersecurity controls, including to ensure health data is not transmitted outside of the UAE and to discontinue the use of any cloud-based services that store or utilize health data, irrespective of whether that solution is hosted within or outside the UAE.
There are many examples of non-resident shareholders of South African companies failing to endorse their shares. This constitutes a breach of South Africa’s Exchange Control Regulations and may be subject to penalties and/or imprisonment. This endorsement should be carried out as soon as possible after the acquisition of shares, and if this was not done, it should be rectified straight away.
In two recent cases, the Egyptian Competition Authority (ECA) issued infringement decisions against two dominant companies. In the first case, the ECA established that a company operating in the yeast industry has abused its dominance in a number of ways, including restricting passive sales between distributors and also engaging in retail price maintenance. In another case, the ECA was against a food delivery online e-platform for abusing its dominance by engaging in Most Favored Nation clauses with the restaurants in violation of Article 8 of the Egyptian Competition Law No. 3 for 2005.
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.
The Ministry of Forestry, Fisheries and the Environment in South Africa has published a notice excluding the development and expansion of solar photovoltaic facilities, including any associated activity or infrastructure from the requirement to obtain environmental authorization in terms of the National Environmental Management Act. Members of the public have 30 days from the date of publication (8 September 2022) to submit comments on the draft notice. The proposed exclusion for solar photovoltaic facilities presents opportunities for independent, small-scale power producers and is considered to be a step forward for the government in terms of its commitment to energy transition and to securing a reliable supply of clean energy in the country.
The Financial Sector Conduct Authority (FSCA) in South Africa has issued a notice to request information relating to ownership from certain financial institutions in South Africa. The required information must be submitted online by 30 September 2022, and failure to do so will constitute an offense.