In instances where parties wish to acquire businesses or expand operations in Africa, certain transactions may not be implemented until they have been reviewed and approved by the relevant regulator in the country involved. Such regulatory requirements may impact a number of aspects of any proposed transaction and we are able to assist with the preparation of merger applications/oppositions to the relevant competition regulators and provide support and guidance throughout these proceedings.
We can to assist with all aspects of cross-jurisdictional merger applications to competition regulators in African or international jurisdictions. We have helped clients with complex cross-jurisdictional merger filings to both regional competition regulators, such as the COMESA Competition Commission, and national competition regulators in countries such as Botswana, Ethiopia, Kenya, Malawi, Namibia, Tanzania, Zambia and Zimbabwe. We offer one point of contact to handle transactions over multiple jurisdictions and work closely with our alliance partner, Linklaters, and network of relationship firms across Africa.
We can assist throughout the merger notification/application process by:
- advising whether a transaction constitutes a notifiable merger;
- assessing whether the proposed merger raises any competition or public interest concerns;
- completing the merger notification forms and preparing the merger report;
- collating and submitting the merger notification/application to the relevant regulator;
- liaising with the relevant regulator; and
- assisting with any other merger-related complications that may arise such as third party interventions.
For more useful information on merger control related issues on the African continent, read our: