Coverage

African enforcers handcuffed by their own governments

African enforcers handcuffed by their own governments

20 February 2015

A group of African competition bosses this week described how regulations that encourage cartels, useless compacts with other state agencies, and frequent changes to the power they can wield means their hands are often tied when they try to enforce competition rules. Pallavi Guniganti at GCR Live Cape Town

South Africa competition chief calls for friendlier merger review

South Africa competition chief calls for friendlier merger review

17 February 2015

Attoneys who claim that information sought by enforcers is irrelevant to analysing a deal only make investigators suspicious of what is being hidden, commissioner Tembinkosi Bonakele said today. Pallavi Guniganti at GCR Live Cape Town

African enforcers defend industrial policy in merger review

African enforcers defend industrial policy in merger review

17 February 2015

Under fire by antitrust observers for confusing competition enforcement with other public interest issues, the heads of the South African and Zambian authorities stood up for the inclusion of factors such as job losses in their assessment of deals. Pallavi Guniganti at GCR Live Cape Town

Market investigations can reveal limits of competition law

Market investigations can reveal limits of competition law

16 February 2015

Sometimes... the solution isn't competition law, a lawyer and an economist agreed today in a panel about market investigations. Pallavi Guniganti at GCR Live Cape Town

Lewis: sector inquiries combat both cartels and corruption

Lewis: sector inquiries combat both cartels and corruption

16 February 2015

The executive director of Corruption Watch and former head of South Africa’s competition tribunal has said he now sees anti-competitive conduct and corruption as at times indelibly interlinked, and that the best way for agencies to make a serious dent in either is the newest tool in the enforcer's kit, the sector inquiry. Pallavi Guniganti at GCR Live Cape Town

Africa’s regional bodies may require multiple merger filings

Africa’s regional bodies may require multiple merger filings

16 February 2015

In a worrying turn for those keen on efficiciency, competition officials at Africa’s two regional enforcement bodies today acknowledged that there are times when they will both seek to review the same merger. Pallavi Guniganti at GCR Live Cape Town

Chair

Thula Kaira

CEO, Competition Authority of Botswana

Keynote Speaker

David Lewis

Executive Director, Corruption Watch

Speakers

Justin Balkin

ENSafrica

Kenneth Bagamuhunda

Director of Customs, East African Community (EAC)

Jeffrey Bookbinder

Bookbinder Business Law

Vani Chetty

Baker & McKenzie

John Davies

Freshfields Bruckhaus Deringer

Malick Diallo

Secretary General, Competition Commission of Senegal

Neil Dryden

Compass Lexecon

Mark Griffiths

Norton Rose Fulbright

Rijit Sengupta

Associate Director, Regional Director (Africa), CUTS International

Zaeem Soofie

Managing Counsel for Sub-Saharan Africa, BP Southern Africa (Pty) Ltd.

Mélanie Thill-Tayara

Norton Rose Fulbright

Wiri Gumbie

Competition Counsel, Barclays Africa Group Ltd.

Francis Kariuki

Director-General, Kenya Competition Authority

Gladmore Mamhare

Programme Officer – Competition Policy, SADC Secretariat

Heather Mangwiro

Competition Law Legal Advisor, Sasol Chemical Industries (Pty) Ltd.

Norman Manoim

Chairperson, Competition Tribunal, Republic of South Africa

Jean Meijer

Bowman Gilfillan Inc.

Richard Murgatroyd

RBB Economics

Willard Mwemba

Head of Mergers and Acquisitions, COMESA Competition Commission

John Oxenham

Nortons Inc.

Kizito Safari

Bona Fide Law Chambers

Chilufya Sampa

Executive Director, Competition and Consumer Protection Commission, Zambia

CPD points

This conference has been accredited with 8.5 CPD points.

Programme

Day one – Monday, 16 February

12.30: Welcome coffee and registration

13.00: Chair's welcome

Thula Kaira, CEO, Competition Authority of Botswana

13.10: Keynote speech: The interface between anti-competitive conduct and corruption

David Lewis, Executive Director, Corruption Watch

14.00: Session one – Regionalisation of competition in East and Southern Africa

Moderator: 
Jean Meijer, Bowman Gilfillan Inc.

Panel: 
Kenneth Bagamuhunda, Director of Customs, East African Community (EAC)
Gladmore Mamhare, Programme Officer – Competition Policy, SADC
Willard Mwemba, Head of Mergers and Acquisitions, COMESA Competition Commission 
Rijit Sengupta, Associate Director, Regional Director (Africa), CUTS International

15.20: Coffee break

15.50: Session two – Market investigations and competition

  • How effective have sectorial investigations been to address competition concerns in given sectors?
  • Which sectors have been targeted by investigations?
  • What experience can be shared across jurisdictions?
  • What are the pitfalls of sectorial investigations and how can they be avoided?
  • What is the interface between sectorial investigations and other regulation (e.g. consumer protection or sectorial regulation)?
  • Could public interest considerations lead to the politicisation of sectorial investigations?

Moderator: 
Francis Kariuki, Director-General, Kenya Competition Authority

Panel: 
John Oxenham, Nortons Inc.
Jeffrey Bookbinder, Bookbinder Business Law
Richard Murgatroyd, RBB Economics

17.10: Close of day one

17.15: Cocktail reception

Day two – Tuesday, 17 February

8.30: Welcome coffee and registration

9.00: Chair's welcome

Thula Kaira, CEO, Competition Authority of Botswana

9.10: Session three – Merger control

  • Transnational Mergers
  •  Industrial Policy vs Competition Policy in mergers
  • Notification Thresholds

Moderator:
Thula Kaira, CEO, Competition Authority of Botswana

Panel:
Mélanie Thill-Tayara, Norton Rose Fulbright
Kizito Safari, Bona Fide Law Chambers
Chilufya Sampa, Executive Director, Competition and Consumer Protection Commission, Zambia
Willard Mwemba, Head of Mergers and Acquisitions, COMESA Competition Commission 

10.30: Coffee break

11.00: Session four – A debate of South African competition’s current ‘hot topics’

  •  Public interest conditions imposed in SA mergers – are consumers paying the price?
  • Dominance cases in SA – do we slavishly follow EU and US approaches when our economic conditions suggest we should come up with our own ideas?

Moderator: 
Norman Manoim, Chairperson, Competition TribunalRepublic of South Africa

Panel: 
Tembinkosi Bonakele, Commissioner, Competition Commission of South Africa
Justin Balkin, ENSafrica
Vani Chetty, Baker & McKenzie
Neil Dryden, Compass Lexecon

12.15: Networking lunch

13.30: Session five – In-house counsel panel

Moderator: 
John Davies, Freshfields Bruckhaus Deringer

Panel: 
Wiri Gumbie, Competition Counsel, Barclays Africa Group Ltd.
Heather Mangwiro, Competition Law Legal Advisor, Sasol Chemical Industries (Pty) Ltd.
Zaeem SoofieManaging Counsel for Sub-Saharan Africa, BP Southern Africa (Pty) Ltd.    

14.30: Coffee break

14.50: Session six – Enforcers’ Roundtable: A conversation with Africa's heads of competition

  • Plotting the developmental curve of African competition law
  • Comparative view of activity levels, strategic focus and prioritised areas across jurisdictions
  • Understanding common challenges across jurisdictions
  •  Gauging the interface between politics and competition law across jurisdictions
  • Benchmarking the level of transparency in competition policy across jurisdictions
  • Probing the value of the African Competition Forum

Moderator:
Mark Griffiths, Norton Rose Fulbright

Panel:
Malick Diallo, Secretary General, Competition Commission of Senegal                  
Francis Kariuki, Director-General, Kenya Competition Authority
Thabisile Langa, CEO, Swaziland Competition Commission
Chilufya Sampa, Executive Director, Competition and Consumer Protection Commission, Zambia

16.15: Chair's closing remarks

16.30: Close of conference

Venue

Radisson Blu Hotel Waterfront, 100 Beach Rd, Granger Bay, Cape Town, 8002, South Africa