Coverage

Jenny: Trade agreements problematic for developing enforcers

Jenny: Trade agreements problematic for developing enforcers

05 December 2013

Regional trade agreements in developing nations need greater antitrust scrutiny to ensure they benefit competition rather than hinder it, said Frédéric Jenny, chair of the OECD’s forum on competition. Faaez Samadi in Cape Town

EU sets "ridiculous expectations" for African enforcers

EU sets "ridiculous expectations" for African enforcers

05 December 2013

The European Union and the International Competition Network are in danger of ignoring the unique circumstances of African enforcers in the type of competition policy they advocate, says David Lewis, executive director of Corruption Watch. Katy Oglethorpe in Cape Town

Comesa relationship with African enforcers sparks confusion for business

Comesa relationship with African enforcers sparks confusion for business

05 December 2013

Tensions between the merger rules of the Common Market for Eastern and Southern Africa (Comesa) and those of national competition authorities in Africa must be resolved to provide clarity for businesses. Faaez Samadi in Cape Town

Protect immunity applicants or face weaker SA competition enforcement

Protect immunity applicants or face weaker SA competition enforcement

05 December 2013

A failure to protect leniency applicants from follow-on damages claims could ultimately undermine the success of South Africa’s anti-cartel regime, says a Johannesburg competition practitioner. Katy Oglethorpe in Cape Town

Comesa: We are here to stay

Comesa: We are here to stay

06 December 2013

Despite facing much criticism, the Common Market for Eastern and Southern Africa (Comesa) Competition Commission is not going anywhere and is working to address the concerns of stakeholders, a leading authority official said yesterday. Faaez Samadi in Cape Town

Public interest conditions political "bargaining chips" for some enforcers

Public interest conditions political "bargaining chips" for some enforcers

06 December 2013

Some competition authorities in Africa use public interest considerations as a “marketing tool” to fulfil short-term objectives and please their political masters, said Mark Griffiths, general counsel at Barclays Africa. Katy Oglethorpe in Cape Town

Wide pool of experience key to shaping young African enforcers

Wide pool of experience key to shaping young African enforcers

06 December 2013

The ability to draw on the experience, techniques and jurisprudence of several mature competition authorities around the world is a crucial driver for the development of younger African agencies, a panel of enforcers said today. Faaez Samadi in Cape Town

Chair

David Lewis

Executive Director, Corruption Watch

Keynote Speaker

Frédéric Jenny

Chair, OECD Global Forum on Competition

Speakers

Justin Balkin

Edward Nathan Sonnenbergs

Millard Arnold

Independent Director of Petmin Limited, Honorary Business Representative for the Government of Singapore, Special Representative of Bowman Gilfillan

Sydney Chisenga

Corpus Legal Practitioners

Neil Dryden

Compass Lexecon

Bridget Dundee

Competition Commission, Namibia

Mark Griffiths

Barclays Africa Group

Jeffrey Bookbinder

Bookbinder Business Law

Malick Diallo

Secretary General, Competition Commission, Sénégal

Amadou Dieng

Director, Competition Division, West African Economic and Monetary Union

Mark Garden

Edward Nathan Sonnenbergs

Amadou Ceesay

Executive Secretary, The Gambia Competition Commission

Mary Gurure

Manager, Legal Services & Compliance at COMESA Competition Commission

Francis Wang'ombe Kariuki

Director-General, The Competition Authority of Kenya

Shan Ramburuth

Former Commissioner, Competition Commission South Africa

Simon Roberts

Director, Centre for Competition, Regulation and Economic Development, University of Johannesburg

Charlotte Malonda

Director of Enforcement and Compliance & Acting Executive Director, Competition and Fair Trading Commission, Malawi

Nandinee Meetarbhan

Executive Director, Competition Commission of Mauritius

Kenneth Motsa

Robinson Bertram

Khalifa Tounakti

Former General Director of Competition and Economic Investigations, Ministry of Trade, Tunisia

John Oxenham

Nortons Inc

Azza Raslan

Baker & McKenzie

Patrick Smith

RBB Economics

Bouayad Mohamed Hicham

Case Handler, Competition Council, Morocco

Thomas Janssens

Freshfields Bruckhaus Deringer

Thula Kaira

CEO & Secretary to the Commission, Competition Authority, Botswana

Norman Manoim

Chairperson, Competition Tribunal South Africa

Joyce Karanja-Ng'ang'a

Coulson Harney

Derek Lotter

Bowman Gilfillan

Wendy Mkwananzi

Competition Commission South Africa

CPD Points

This conference is accredited with 9.5 hours under the SRA professional development scheme

Programme

Day One

08.30: Welcome coffee and registration

09:00: Chair's introduction

David Lewis, Executive Director, Corruption Watch, former South Africa Competition Tribunal chairperson

09.15: Keynote Speech

Frédéric Jenny, Chair, OECD Global Forum on Competition

The chair of the OECD’s competition committee will discuss the role of competition law as a tool for economic development and what the current state of the art is when it comes to smaller economies implementing it. Should they copy another law, or try to tackle their own unique issues? Are regional enforcement systems the way to go?

09.45: South Africa and competition law – the year in review

A review of the past year in the key areas of both public and private competition law enforcement in Africa’s most established competition law regime, followed by a panel discussion.

Moderator:

Norman Manoim, Competition Tribunal South Africa

Panel:

John Oxenham, Nortons Inc

Mark Garden, Edward Nathan Sonnenbergs

Neil Dryden, Compass Lexecon

Simon Roberts, Centre for Competition, Regulation and Economic Development, University of Johannesburg

Millard Arnold, Independent Director of Petmin Limited, Honorary Business Representative for the Government of Singapore, Special Representative of Bowman Gilfillan

11.40: Coffee break

12.00: Established competition regimes in Africa – current issues and challenges

Speakers will give quick-fire presentations on the most important aspects of regimes in four jurisdictions with established competition regimes – Egypt, Kenya, Malawi and Zambia - before being led in panel discussion by the moderator.

Moderator:

Thula Kaira, Competition Authority, Botswana

Panel:

Sydney Chisenga, Corpus Legal Practitioners

Joyce Karanja-Ng'ang'a, Coulson Harney

Charlotte Wezi Malonda, Competition and Fair Trading Commission, Malawi

Azza Raslan, Baker & McKenzie

13.30: Networking lunch

14.45: Newer regimes – who’s doing what?

This panel will review four of the younger competition regimes in Africa – Swaziland, Botswana, Namibia and Gambia - and the approach they are taking.

Moderator:

Shan Ramburuth, former Commissioner, Competition Commission South Africa

Panel:

Jeffrey Bookbinder, Bookbinder Business Law

Amadou Ceesay, The Gambia Competition Commission

Bridget Dundee, Competition Commission, Namibia

Kenneth MotsaRobinson Bertram

16.00: Coffee break

16.15: Roundtable on regional competition laws – COMESA, WAEMU

Africa is home to a number of regional cooperation groups that envisage competition law. But the relationship between regional and national systems is seldom simple. Day one will close with a roundtable discussion on experiences so far and challenges, legal and otherwise, that are arising. The roundtable will feature a few key players from regional enforcement bodies. Delegates will be invited to submit questions for this panel in advance.

Moderator:

Derek Lotter, Bowman Gilfillan

Panel:

Mary Gurure, Manager, Legal Services & Compliance at COMESA Competition Commission

Mark Griffiths, Barclays Africa Group

17.45: Chair's closing remarks

All Conference Dinner

All delegates are invited to attend the conference dinner, which will be held at The Table Bay Hotel.

Day Two

08.30: Welcome coffee

08.45: The role of public interest

A panel on the role that public interest factors do and should play in a competition regime.

Moderator:

David Lewis, Corruption Watch, former South Africa Competition Tribunal Chairperson

Panel:

Justin Balkin, Edward Nathan Sonnenbergs

Mark Griffiths, Barclays Africa Group

Thula Kaira, Competition Authority, Botswana

Patrick Smith, RBB Economics

10.15: Coffee break

10.30: Enforcers Q & A

The conference will close with a Q&A session featuring a number of enforcers from around Africa answering pre-submitted questions gathered from delegates in advance of the event.

Moderator:

Thomas Janssens, Freshfields Bruckhaus Deringer

Panel:

Francis Wang'ombe Kariuki, The Competition Authority of Kenya

Malick Diallo, Competition Commission, Sénégal

Khalifa Tounakti, former General Director of Competition and Economic Investigations, Ministry of Trade, Tunisia

Nandinee Meetarbhan, Competition Commission of Mauritius

Bouayad Mohamed Hicham, Competition Council, Morocco

Wendy Mkwananzi, Competition Commission South Africa

12.00: Chairman’s predictions for the future

The conference chairman, David Lewis, will distill his takeaways and offer a few thoughts on the future.

12:20: Close of conference

Venue

The Table Bay Hotel, Quay 6, Victoria & Alfred Waterfront, Cape Town, 8001, South Africa