Competition Law

MHA has experience in competition law and advises on anti-competitive aspects of practices, arrangements and/or draft joint venture agreements from a vertical, horizontal and market dominance point of view. MHA lodges applications for exemptions in respect of anti-competitive practices and agreements and advises clients on competition aspects of mergers.

Key competition law projects we have been involved in are:

• Advisor–Rio Tinto:  Advised Rio Tinto on the sale of over 70 prospecting rights to Coal of Africa. This transaction included negotiating and drafting the sale and purchase agreement, dealing with legal questions posed by bidders, advising on competition filing and drafting an application for ministerial consent in terms of section 11 of the MPRDA.
• Advisor – Akanani Consortium: in the sale of its R800 million stake in Akanani Mining to Incwala. This transaction involved, inter alia, drafting of the sale and purchase agreement, drafting of the competition commission filing and drafting an application for ministerial consent in terms of section 11 of the MPRDA.