As Africa’s competition regulators become more sophisticated and numerous countries strengthen their competition laws, businesses need a law firm that understands the changing world.
An increasing number of African jurisdictions and regional economic communities have enacted competition laws and consumer welfare provisions to adapt to the realities of a global marketplace. Cross-border merger and inbound investment activity is increasing in the continent’s key growth markets, and Africa’s rapidly evolving merger control environment has become more significant and increasingly sophisticated.
Regulatory regimes at national, regional, and community levels in many parts of Africa require a multi-layered approach to merger approval; ALN’s sharp analysis of the relevant merger control regulation and its application to individual deals is key to achieving successful outcomes. We are also well-versed in the development of regulation of prohibited practices in many countries.
As cross-border trade develops on the Continent, corporations with regional or continental reach or ambition need to be aware of these developments, as the market rules are changing rapidly but not always in a coordinated way.
Principal Areas of Practice:
- Compliance
- Consumer protection
- Investigations and dawn raids
- Leniency and exemption procedures
- Merger notification
- Prohibited practices
What Sets Us Apart in Competition Law
What truly sets ALN Firms apart is our seamless “one-stop shop” solution for multi-jurisdictional competition and anti-trust challenges. When you engage ALN, you gain:
- Integrated Pan-African Reach: Our alliance ensures a single point of contact for all your competition and anti-trust needs across numerous African jurisdictions. We act as lead counsel on significant cross-border transactions, coordinating approvals and strategies effortlessly across multiple countries like Kenya, Tanzania, Rwanda, Mauritius, Uganda, Nigeria, Ghana, and COMESA.
- Deep Regulatory Influence & Insight: We are heavily invested in and frequently invited to contribute to the development of antitrust and competition guidelines across the continent. Our partners have spearheaded initiatives in competition law development in Africa, and have been recognised for their contributions by bodies like the COMESA Competition Commission. This means we don’t just interpret the law; we help shape it, offering you unparalleled insight into current and future regulatory landscapes.
- Innovative Strategies for Complex Challenges: We pride ourselves on crafting creative legal solutions. We consistently achieve favourable outcomes in the most intricate cases. We have set precedents by navigating novel regulatory frameworks, such as the first formal notification to the newly established Rwanda Inspectorate, Competition and Consumer Protection Authority (RICA).
- Commitment to Thought Leadership & Development: Engage with a firm actively contributing to the development of antitrust and competition guidelines across Africa, ensuring you benefit from forward-thinking and up-to-date expertise.
Representative transactions include advising:
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Equity Group Holdings
In connection with obtaining regulatory approvals from the central banks, COMESA Competition Commission, capital markets authorities and security exchanges in the respective jurisdictions, in relation to their acquisition of 62% of share of Banque Populaire du Rwanda and 100% of African Banking Corporation in Zambia, Tanzania and Mozambique, from Atlas Mara.
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Gulf African Petroleum Corporation
In connection with obtaining competition approvals from the Competition Authority of Kenya and the COMESA Competition Commission in relation to its sale of the entire issued share capital to Total Outre-Mer.
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SABMiller
In connection with its merger notification filings in relation to both its joint venture with Coca-Cola and its merger with Anheuser-Busch InBev.
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CDC Group
In connection with its merger notifications to the Competition Authority of Kenya, Tanzania’s Fair Competition Commission and the COMESA Competition Commission in relation to its USD 140 million equity investment for 40.65% of the issued share capital in ARM Cement.
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Emerging Capital Partners
In connection with provision of competition law advice in relation to the sale of its stake in Java House, East Africa’s leading coffee-led casual dining chain in Kenya, Uganda, Rwanda and Tanzania, to Abraaj Group, a leading investor operating in growth markets.
Principal Areas of Practice in Our Competition Law Services
We provide solutions for multijurisdictional challenges in competition law and antitrust across Africa and the UAE. With a diverse team of experts, our offering includes:
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Merger Notification and Control
Navigating the complexities of African merger control is a core strength of ALN Firms. We guide clients through every stage of the merger control and assessment process, ensuring compliance with national and regional antitrust regulations. Our teams have extensive experience working with key antitrust authorities across the continent, including the Competition Authority of Kenya (CAK), Tanzania’s Fair Competition Commission (FCC), Rwanda’s Inspectorate, Competition and Consumer Protection Authority (RICA), Federal Competition and Consumer Protection Commission (FCCPC), Moroccan Competition Council (CC), Algeria’s Conseil National de la Concurrence (CNC), ECOWAS Regional Competition Authority (ERCA), and the COMESA Competition Commission.
Our services in this area include:
- Strategic Merger Assessment: Comprehensive analysis of proposed transactions to determine competition implications and regulatory filing requirements.
- Multi-Jurisdictional Filings: Preparation and submission of merger applications to national and regional competition authorities, ensuring consistency and efficiency across diverse legal frameworks.
- Regulatory Engagement: Proactive coordination and engagement with competition regulators to secure timely and favorable merger approvals.
- Public Takeovers & Acquisitions: Advising on competition aspects of significant acquisitions, including those involving publicly listed companies.
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Investigations and Dawn Raids
Responding swiftly and strategically to competition investigations, including dawn raids, is critical. ALN Firms provide immediate and expert assistance during investigations by competition authorities. Our approach ensures compliance, effective defense, and mitigation of potential penalties.
Our support during investigations includes:
- Dawn Raid Preparedness & Response: Guidance on managing unannounced inspections and immediate support during and after a dawn raid.
- Evidence Review & Strategy: Thorough review of seized data and evidence, developing robust defense strategies against allegations of anti-competitive conduct.
- Regulatory Liaison: Managing communications with competition authorities and preparing detailed submissions and oral presentations on behalf of clients.
- Settlement Negotiations: Skillful negotiation with competition authorities to achieve favorable outcomes and reduce potential fines.
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Competition Compliance
Proactive competition compliance is essential for mitigating risk and fostering sustainable growth. ALN Firms offer comprehensive competition compliance services designed to ensure businesses operate within the bounds of national and regional competition laws.
Our compliance offerings include:
- Compliance Audits: Conducting thorough audits of business practices, commercial agreements, and policies to identify and address competition law risks.
- Training & Seminars: Developing and delivering tailored competition compliance training programs for management and employees across various sectors.
- Advisory on Commercial Agreements: Expert analysis of commercial agreements and sector-specific policies to ensure adherence to competition regulations.
- Post-Merger Compliance: Advising on and assisting with post-merger compliance obligations, including any conditions imposed by regulatory authorities.
- Policy & Legislative Contribution: Assisting clients in making submissions on proposed competition legislation and contributing to the development of regulatory guidelines, offering insights into evolving legal frameworks.
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Prohibited Practices
ALN Firms are at the forefront of defending clients against allegations of anti-competitive behavior. Our specialised competition teams advise on and vigorously defend against investigations into various prohibited practices. We understand the severe implications of such allegations and provide robust strategies to protect our clients’ interests.
Our expertise covers:
- Cartel Investigations: Advising on and defending against investigations into alleged cartel behavior and price-fixing.
- Abuse of Dominance: Providing counsel and defense for clients facing investigations into alleged abuse of dominant market positions and restrictive trade practices.
- Anti-Competitive Practices: Addressing a broad spectrum of anti-competitive practices, offering strategic advice and representation.
- Risk Mitigation: Identifying potential competition law risks arising from commercial agreements and market conduct to prevent future allegations.
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Leniency and Exemption Procedures
For certain restrictive trade practices, leniency or exemption may be available. ALN Firms assist clients in navigating the complex procedures for seeking exemptions or applying for leniency from competition authorities, where applicable. Our team advises on the strategic implications and requirements for such applications.
Our services in this area include:
- Exemption Applications: Preparing and submitting applications for exemptions from competition law prohibitions for specific agreements or conduct.
- Leniency Program Advice: Guiding clients through the process of seeking leniency in cartel investigations, including assessing eligibility and preparing necessary submissions.
- Strategic Alliance Approvals: Assisting with applications for exemptions related to strategic alliances or joint ventures that may involve certain restrictive trade practices.
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Consumer Protection
While our core focus is competition and antitrust law, ALN Firms navigate a broader regulatory landscape that often includes consumer protection mandates. Our experience with authorities ensures that we are adept at advising clients on the comprehensive regulatory environment. We assist clients in understanding and complying with the requirements of regulators whose scope extends to safeguarding consumer welfare, particularly where such issues intersect with competition concerns. This includes advising on the implications of regulatory decisions from these authorities.
