Competition/Antitrust
Global Guide 2024 : South Africa
Band 4
Email address
[email protected]Contact number
+1 604 631 3131About
Provided by Fasken
Your business focus is on growth, development and sustainability—key strategies you intend to implement will impact your customers, suppliers or competitors—and may result in enhanced scrutiny by competition authorities. To promptly and appropriately navigate and address these challenges the Competition, Marketing & Foreign Investment (CMFI) team at Fasken stands ready to help you get the best outcome, through timely and practical advice.
Leading companies around the world look to us for competition law advice on their daily operations and their most significant commercial transactions. Our lawyers have vast experience in all aspects of competition, marketing and foreign investment law. We are regularly retained to advise on and represent multinational corporations (MNCs) in the Canadian and South African aspects of global mergers and acquisitions. We also defend clients in domestic and cross-border competition investigations and prosecutions, as well as private actions, including class actions. Our clients operate in various sectors, including information technology, telecommunications, transportation, pharmaceutical, financial services, agricultural, food, consumer electronics, automotive, mining, energy, manufacturing and retail.
We provide pragmatic and creative solutions to minimize risk and ensure compliance with Canadian and South African competition and foreign investment laws.
Chambers Review
Fasken has expertise spanning the full range of competition mandates. The firm regularly represents clients before the Competition Commission and Competition Tribunal concerning allegations of price fixing, market allocation and collusion. The team also assists clients with obtaining Commission exemption from the application of aspects of competition law. It possesses further experience handling domestic and multi-jurisdictional merger control mandates.
Work Highlights
- Fasken represented Nomad Royalty Company in the merger clearance filing for Sandstorm Gold's USD590 million acquisition of Nomad's shares.
Strengths
Provided by Chambers
"Fasken's team was always prepared, available and proactive in managing and progressing cases."
"With Fasken, impossible deadlines were routinely managed without sacrificing the quality of the work produced or comprehensiveness of the advice considered and shared."
"The team makes us believe we are the centre of its attention."
"The Fasken team has demonstrated a calm and thoughtful approach at every step."
"Fasken's team was always prepared, available and proactive in managing and progressing cases."
"With Fasken, impossible deadlines were routinely managed without sacrificing the quality of the work produced or comprehensiveness of the advice considered and shared."
"The team makes us believe we are the centre of its attention."
"The Fasken team has demonstrated a calm and thoughtful approach at every step."
Notable Practitioners
Practice co-head Neil MacKenzie has developed a notable reputation for his competition advice on international and domestic transactions. Based in Johannesburg, he is also active in Commission investigations into issues such as price fixing, excessive pricing and market allocation, as well as representing clients in sector inquiries and damages litigation. He rises in the rankings this year on the back of strong feedback and involvement in high-profile mandates.
"Neil MacKenzie makes me feel like I am his only client."
"He has a quiet intelligence, he is strategic and thinks three to four moves ahead. He is hugely enjoyable to work with."
"I have complete confidence in the advice Neil provides. He is responsive and has a very strong awareness of the commercial considerations relevant to our decision-making."
"He is diligent, strategically skilful and adept at client management."
Lesley Morphet co-heads the firm's competition practice out of Johannesburg and frequently assists domestic and international clients with navigating the country's merger control processes. She has further experience representing clients in behavioural investigations, including allegations of price fixing and cartel involvement.
"Lesley Morphet can advise on complex matters and she knows the mechanisms of the authority well."