Betweenity Africa Competition Law & Policy

🎧🇧🇮🇰🇪🇹🇿🇨🇩🇸🇸🇸🇴🇷🇼🇺🇬 RECORDING AVAILABLE - Thank you for attending @BetweenityNews' webinar on the new EAC Competition Authority's merger regime and other priorities! Herewith the links to the: 💡 recording: youtu.be/lTNDwLFlF0A 💡 presentation: tinyurl.com/8hynynbb 💡 mailer signup: tinyurl.com/y7bwwvmd Our next webinar will be announced soon!

🇧🇮🇨🇩🇸🇸🇸🇴🇰🇪🇹🇿🇷🇼🇺🇬 WEBINAR - Join us for a webinar on the imminent commencement of the East African Community (@jumuiya) merger regime. We will also discuss priorities pursuant to the signing of the MoU between the EAC Competition Authority and the COMESA Competition Commission (@CCC_COMESA). We are proud to host: ● Stellah Onyancha, Acting Registrar and Deputy Registrar of the EACCA, Monopolies and Cartels; ● Vincent Okoth, Deputy Registrar of the EACCA, Mergers and Acquisitions; and ● Denis Kabbale, Competition expert at the EACCA. The moderator will be Odie Strydom, Managing Director of @BetweenityNews. ● Date: Wednesday, 13 August 2025 ● Time: 14:30 CAT ● Registration: lnkd.in/d6rBmPkh The EAC consists of 8 Partner States: Burundi, DRC, Kenya, Rwanda, Somalia, South Sudan, Tanzania and Uganda. Join our newsletter: tinyurl.com/y7bwwvmd Website: betweenity.online

🇧🇮🇨🇩🇸🇸🇸🇴🇰🇪🇹🇿🇷🇼🇺🇬 WEBINAR - Join us for a webinar on the imminent commencement of the East African Community (@jumuiya) merger regime. We will also discuss priorities pursuant to the signing of the MoU between the EAC Competition Authority and the COMESA Competition Commission (@CCC_COMESA). We are proud to host: ● Stellah Onyancha, Acting Registrar and Deputy Registrar of the EACCA, Monopolies and Cartels; ● Vincent Okoth, Deputy Registrar of the EACCA, Mergers and Acquisitions; and ● Denis Kabbale, Competition expert at the EACCA. The moderator will be Odie Strydom, Managing Director of @BetweenityNews. ●  Date: Wednesday, 13 August 2025 ●  Time: 14:30 CAT ●  Registration: lnkd.in/d6rBmPkh The EAC consists of 8 Partner States: Burundi, DRC, Kenya, Rwanda, Somalia, South Sudan, Tanzania and Uganda. Join our newsletter: tinyurl.com/y7bwwvmd Website: betweenity.online @OnyanchaStellah @DenisKabbale

🇿🇦 Regarding the Covid (PCR test) excessive pricing case against SA's top 3 pathologists, the Tribunal (@comptrib ) upheld only 1 exception - that the complainants provide facts regarding price comparisons with smaller firms.

“Trumponomics has wide implications because it is clear that it has moved from the rifle to the shotgun approach, and one doesn't know where the bullets might land – and whether they will land on US allies or on US enemies.” This is according to Prof Raymond Parsons of the North-West University School of Business and Governance, and Special Policy Advisor to Business Unity SA, at the 13th @Bowmans_Law Conference on Africa Competition Regulation on 21 February 2025. Prof Parsons participated in a panel discussion on how the USA Trump administration is likely to influence M&A activity in South Africa and Africa. He stressed the importance of risk management, scenario planning, mitigation strategies and rigorous M&A due diligence in unpredictable circumstances. According to Prof Parsons, Trumponomics may: ● encourage foreign investment in the USA through higher tariffs and subsequent tariff-jumping; ● add “bureaucratic bite” to deals due to the bolstered powers of the US Committee on Foreign Investment; and ● serve to cause higher SA interest rates – which may hamper M&A financed by debt. Regarding relatively low private planned investment in South Africa, Prof Parsons stated that: “We have to ask ourselves when you come to the other organs of government policy, e.g. competition policy: Are those sufficiently geared towards the encouraging of investment or the discouraging of investment? This is an important issue when we debate how we manage the public interest criteria.” “We are seeing the mergers that are succeeding. But what were the reasons for the ones that had failed? Let's learn important lessons for us going forward in our ability to mobilise M&A activity in order to get the foreign investment that we want. “Secondly, the rest of the world is moving towards protectionism. The AfCFTA is moving in the opposite direction. This is a great opportunity. We have to look at alternative markets.” “There is something called the B20, which is the business arm of the G20 and coordinated by Business Unity SA. It will soon bring 6,000 business people to South Africa. I would urge this audience to build on that network, and see how we can mobilise it so we can offset some of the bad news that might be coming from elsewhere. “But perhaps the most important point. There needs to be a much closer interaction between [macro] economists and lawyers. There’s got to be a cross disciplinary approach to manage the risks and identify better opportunities that emerge from a changing world.” @CompetLawAfrica @CompComSA @theNWU

"If decision-making is sound with regard to the rule of law and the principles of natural justice, then outcomes can be predictable and consistent." This is according to Mondo Mazwai, Chairperson of the Competition Tribunal of South Africa @comptrib, who delivered the keynote speech at @Bowmans_Law 13th Conference on Competition Regulation in Africa. She addressed various concerns raised by critics in relation to the Tribunal’s treatment of the public interest provisions of the Competition Act. “Critics sometimes argue that public interest considerations are vague and open to interpretation, leading to inconsistent decision-making; and that public interest can be politicised when decisions are influenced by government priorities other than competition principles. This can weaken the independence of competition authorities and undermine legal certainty. “However, the lived experience in South Africa, and more generally on the continent, does not necessarily reflect this. “The South African competition authorities have generally found ways to balance competition and public interest considerations and ensure that they are seen as complementary considerations – not necessarily as competing interests. “Decisions are taken always on merit on a case by case basis. In our 25 year history we have blocked 16 out of 1900 mergers – none solely on public interest grounds. “Some argue that the public interest considerations are vague. Our approach has been to decide each case on its merits. “Often conditions to address the impact on a greater spread of ownership are agreed between the Commission and the parties, or the Minister and the parties. Sometimes this is frowned upon. This makes transparency critical and our Act ensures this. “Firstly, the public interest considerations are clearly set out in our Act. Our colleagues from developed economies at forums like the ICN and OECD applaud our Act for specifying the public interest issues in the law, because in their jurisdictions public interest considerations are often taken into account, but by government and without any reference to competition authorities. “Secondly, and again this does not exist for our colleagues in developed jurisdictions, the Minster can participate in our proceedings, where he wishes to advance public interest considerations. This is done in a public hearing. “Lastly, our reasons for decision are made available on our website. Importantly this ensures legal certainty and predictability as business can understand legal expectations and make informed decisions.” @dereklotter @TamaraDini @CompetLawAfrica

🌍 Save the Date: 18-20 June 2025 Join our online Flagship Africa Competition Law and Policy Conference! Critical Africa developments will be unpacked - many still unventilated due to language barriers, vested interests, or silo scanning. Time zone friendly. Image: Nacheki