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Articles by Sandhya Foster
DTIC Proposes Bold Steps To Enhance Export Competitiveness In A Challenging Global Trade Environment
Herbert Smith Freehills Kramer LLP are most popular: within Antitrust/Competition Law, Environment and Law Department Performance topic(s) in Africa The Department of Trade, Industry and Competition (DTIC) has taken a decisive step towards revitalising exports by publishing a draft block exemption for the promotion of exports (the block exemption).
Navigating online safety in an ever-evolving digital world
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South Africa overview | Herbert Smith Freehills | Global law firm
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ECOWAS: Another regional competition regulator becomes fully operational in Africa
There is continuous development of competition regimes on the African continent, the latest of which is the Economic Community of West African States (ECOWAS) Regional Competition Authority (ERCA) becoming fully operational in October 2024 following the swearing in of council members.
South African and African competition law update
SOUTH AFRICAN AND AFRICAN COMPETITION LAW UPDATE Nick Altini, Jean Meijer, Sergio Sorinas, Marie Louvet, Sandhya Foster, Lesetja Morapi SOUTH AFRICAN COMPETITION LAW UPDATES 1. Block Exemption Regulations for Small, Micro and Medium-Sized Businesses Published by the Department of Trade, Industry and Competition 2. Competition Appeal Court Paves the Way for the Commission to Pursue Its Investigation into Sasol Gas for Excessive Pricing of Piped Gas 3.
South African And African Competition Law Update - Antitrust, EU Competition - South Africa
1. Competition Commission Issues Draft Public Interest Guidelines for Merger Control 2. Competition Appeal Court Dismisses Alleged Forex Cartel Case against Most Respondents 3. Competition Tribunal Prohibits Proposed Merger between Akzo Nobel and Kansai Plascon 4. Sekunjalo Group Denied Leave to Appeal to the Constitutional Court 5. Competition Commission Recommends Prohibition of the Merger between Vodacom and Business Ventures 6.
South African and African Competition Law Update
SOUTH AFRICAN COMPETITION LAW DEVELOPMENTS 1.COMPETITION COMMISSION ISSUES DRAFT PUBLIC INTEREST GUIDELINES FOR MERGER CONTROL On 6 October 2023 the Competition Commission of South Africa (Commission) published a draft version of its proposed revised Public Interest Guidelines Relating to Merger Control (Draft Guidelines) for public comment.
Draft COMESA Regulations Propose Significant Changes To The COMESA Competition Law Regime - Antitrust, EU Competition - South Africa
On 24 January 2024, the COMESA Competition Commission ('Commission') issued a request for comments on its proposed draft COMESA Competition and Consumer Protection Regulations ('Draft Regulations'), which will serve to update, and substantially amend, the current COMESA Competition Regulations, 2004 ('Regulations'). The Regulations were adopted and entered into force in 2004, although the Commission only began actively enforcing the Regulations when it commenced operations in January 2013.
Francophone Africa Competition Law Update - Antitrust, EU Competition - South Africa
A. INSTITUTIONAL UPDATES New composition of the CEMAC Commission effective since 2 June 2023 10th and 11th sessions of the CEMAC Competition Community Council (CCC) About the CEMAC website B.
Overview of EU and South African regulatory and competition law in the Pharma sector
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We are delighted that, for the second year, our overviews of competition and regulatory law in the pharmaceutical sector in the EU and South Africa have now been published as part of the Lexology Getting the Deal Through Pharmaceutical Antitrust guide.
By Kyriakos Fountoukakos, Peter Rowland, Kristien Geeurickx, Jose Muñoz Verified, José Muñoz Verified, Nick Altini, Sandhya Foster
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Lexology
Verified
Africa Competition Law Update
SOUTH AFRICAN COMPETITION LAW DEVELOPMENTS 1. CONSTITUTIONAL COURT SEEKS TO CLARIFY JURISDICTIONAL BOUNDARIES OF COMPETITION AUTHORITIES IN GROUP FIVE JUDGMENT The Constitutional Court handed down its judgment in the case of Group Five on 27 October 2022, dismissing the Competition Commission’s appeal of the decision of the Supreme Court of Appeal in respect of the jurisdiction of the Competition Tribunal to review matters arising out of chapters 2, 3 and 5 of the Competition Act.
Africa Merger Control Tool
Our informative and interactive guide on the current state of competition merger regulation across Africa is now available. The Africa Merger Control Tool includes information on national and regional merger control regimes across the continent, with key information on thresholds for notification of mergers, filing fees payable for merger investigations and the timing of merger investigations.
At a glance: pharmaceutical merger review in South Africa
Review of mergers Thresholds and triggers What are the relevant thresholds for the review of mergers in the pharmaceutical sector? A merger occurs when one or more firms directly or indirectly acquires or establishes direct or indirect control over the whole or part of the business of another firm. All mergers that meet the following financial thresholds are notifiable to the Commission, regardless of the sector.
In brief: anticompetitive agreements in the pharmaceutical sector in South Africa
Anticompetitive agreements Assessment framework What is the general framework for assessing whether an agreement or concerted practice can be considered anticompetitive?
Snapshot: anticompetitive unilateral conduct in the pharmaceutical sector in South Africa
Anticompetitive unilateral conduct Abuse of dominance In what circumstances is conduct considered to be anticompetitive if carried out by a firm with monopoly or market power?
As firms fail, focus will be on competition authorities’ handling of mergers
In the Business Beyond Covid series, CEOs and other business leaders and experts in their sectors look to the future after Covid-19. What effect have the pandemic and resulting lockdown had on their industries and the SA economy as a whole? Which parts will bounce back first and which will never be the same again? Most importantly, they try to answer the question: where to from here?
Sandhya Foster - Concurrences
Herbert Smith Freehills (Johannesburg) Director Sandhya Foster is a director at Herbert Smith Freehills’ Johannesburg office. Specialising in competition law, Sandhya has extensive experience covering a broad range of matters, including merger control and prohibited practices. Her experience extends beyond South Africa to sub-Saharan Africa where she regularly provides multi-jurisdictional merger control advice. She has also assisted with merger filings across EMEA.
Jean Meijer - Concurrences
Herbert Smith Freehills (Johannesburg) Partner Jean Meijer is the managing partner of the Herbert Smith Freehills’ Johannesburg office. With over 25 years’ experience, Jean specialises in competition law, including merger control, cartel and other prohibited practice investigations, exemption applications and competition compliance. She also regularly advises on multi-jurisdictional African mergers.
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