Competition Law (Anti-trust)

K&K believes that competition law forms a critical part of the global business landscape and plays a vital role in influencing both corporate and commercial strategy. K&K has a clear understanding of competition’s far-reaching implications for local and foreign businesses. Our competition law practice is therefore ideally placed to provide professional services to clients on all aspects of competition law both locally and internationally.

Our firm provides a full range of competition law services including:

• Merger control;
• Instituting, defending and/or settling complaints (involving prohibited restrictive horizontal practices [cartels], prohibited restrictive vertical practices and abuse of dominant position issues);
• Interim Relief Applications;
• Exemption Applications; and
• Compliance Advice and Education.

Our services are not only limited to the public law of competition, regulated by the Competition Act. Our services also cover the private law of competition which deals with, amongst other things, the following:

• Misappropriation of confidential information or trade secrets;
• Misappropriation of the advertising value of trademarks, trade names etc. and character merchandising;
• Piracy of competitor’s performance;
• Comparative advertising; and
• Ambush marketing.

One of our directors, Khumisi William Kganare, was formerly employed by the Competition Commission of South Africa; he trained in European Competition Law; he also completed training on the Identification and Proof of Agreements Under the United States of America’s Anti-Trust Laws (Federal Trade Commission Certificate); and held a position as Manager: Market and Competition Regulation at a South African-based multinational mobile telecommunications company, operating in many African, European and Asian countries.

While at the Competition Commission, he was involved in some of the most dynamic, large and leading competition law matters in South Africa (including a number of merger transactions which he also presented at the Competition Tribunal of South Africa; exemption applications and enforcement/cartel cases). Some of the matters he worked on attracted media coverage owing to their magnitude and impact on the economy and/or industry concerned, which cases include amongst others the following:

• Chemical Services Limited and Chemfit Industrial Holdings (Pty) Ltd merger transaction (large merger). See Business Day, 17 June 2008, or follow this link http://www.comptrib.co.za/assets/Uploads/Case-Documents/42LMApr08.pdf for more information – also available on request;
• Bitumen (Black Fuels) cartel. Follow the link and observe page 10 for an article authored by Khumisi William Kganare for more information, http://www.compcom.co.za/assets/Uploads/AttachedFiles/MyDocuments/FINAL-for-Web.pdf – also available on request;
• International Air Cargo Services cartel. Follow the link and observe pages 1 to 3 for an article authored by Khumisi William Kganare and Azraa Mohamed for more information, http://www.compcom.co.za/assets/Uploads/AttachedFiles/MyDocuments/September-2010-issue.pdf – also available on request;
• International (Far East Asia) Air Passenger Services cartel. Follow the link for a media release, http://www.compcom.co.za/assets/Uploads/AttachedFiles/MyDocuments/FINAL-MEDIA-RELEASE-SAA.pdf – also available on request; and
• Spring Lights Gas exemption application. See pages 53 and 54 of Government Gazette No. 33041 dated 26 March 2010 for a notice prepared by Khumisi William Kganare – also available on request.

While in Europe (Ireland), Kganare worked with Máire Cunningham (Partner in the Commercial Law Department) at Beauchamps Solicitors, www.beauchamps.ie) on a significant business sale transaction where a Five-Star Hotel & Golf Resort was eventually sold for an estimated 30 million Euros.