MHA has an established Competition Law practice that has advised numerous high-profile clients operating in both the public and private sectors. The firm is uniquely positioned as one of very few fully black-owned law firms that has a dynamic, full-service competition law department, and a proven track record in competition law matters.

The department, headed up by Jim Matemane,  a competition law specialist with a strong corporate law background, has favourably advised and represented an array of clients that operate and conduct business across all sectors and markets in the South African economy. Jim is also part of the firm’s Corporate and Commercial law practice which handles, inter alia, mergers and acquisitions (M&A). Jim is ably supported by Godwin Motlanthe.

The services offered by the competition law practice include the following:

• Drafting opinions on all aspects of competition, including whether a proposed transaction constitutes a notifiable merger or not, and whether an agreement or arrangement constitutes a prohibited practice;
• drafting and lodging merger filings including undertaking an assessment of whether a transaction gives rise to competition law issues, drafting competitive reports and addressing public interest matters;
• Representing clients at the Competition Commission, Competition Tribunal, Competition Appeal Court and the Constitutional Court;
• Handling competition law related issues in due diligence investigations;
• Advising regulatory bodies in assessing competition law matters in respect of applications for transfer of licences;
• Assisting clients in lodging complaints with the relevant competition authorities;
• Advising clients in dealing with complaints lodged against them including providing assistance during the Competition Commission’s investigations thereof;
• advising regulatory bodies in conducting market inquiries on competition law related issues;
• representing clients in their participation in market enquiries on competition law related issues;
• Advising on and drafting competition law policies for corporates;
• Application for exemptions.

The department has advised and provided support to clients such as ICASA, Denel, Broadband Infraco SOC Ltd, Airports Company SouthAfrica SOC Ltd, NERSA, Transnet, Thebe Investment Corporation, the Competition Commission itself, and various other corporates.

Disclaimer: MHA has previously worked / regularly works with the Competition Commission as its legal advisors in relation to numerous matters. We are not, however, precluded from advising other clients in their engagements or litigation with the Commission, unless there exists an obvious conflict in doing so. Our attorneys perform extensive internal conflict of interest checks and disclose the competition law instructions we receive to the Commission, prior to the acceptance of all instructions and execution of our mandate.