Ryan Hawthorne and Genna Robb were briefed by Vani Chetty Competition Law to provide economic expert services in the merger involving Nedbank, RMHP and DiverCity. The Competition Commission had recommended the approval of the merger only subject to onerous conditions. The team prepared an expert report dealing with the theory of harm put forward by the Competition Commission which related to potential anti-competitive effects arising from information exchange and cross-directorships. The merger was approved by the Competition Tribunal without conditions.
Acacia Economics has been appointed to assist ICASA in its market inquiry into mobile broadband in South Africa.
Acacia Economics is part of a team assisting the Competition Authority of Kenya in carrying out a market inquiry in the leasing market in Kenya. The aim of the work is to understand the competitive dynamics in the sector and identify any impediments to competition which may be hindering the growth of the sector.
Acacia Economics assisted in the preparation of a merger filing in the food sector. The merger was approved without conditions.
Acacia Economics provided advice to Internet Solutions in respect of its submission to the Competition Commission’s data market inquiry.
Ryan Hawthorne, Genna Robb and Sha'ista Goga prepared expert evidence in relation to private arbitration proceedings involving Air Namibia. Ryan Hawthorne provided expert testimony during the course of the proceedings.
Simon Roberts and Ryan Hawthorne provided expert evidence in relation to High Court proceedings concerning the Strategic Fuel Fund, including in respect of appropriate interest rates applicable in damages claims.
Ryan Hawthorne and Genna Robb provided a three-day training course on economic regulation in the telecommunications sector to regulators and other stakeholders from the East African region.
We assisted a fixed line provider in engaging with ICASA around its recent call termination market review.
Acacia Economics provided economic advice to a stakeholder in the healthcare sector around the impact of changes to the Medicines and Related Substances Act on competition in the optometry and audiology industries.
Simon Roberts, Ryan Hawthorne and Sha’ista Goga are carrying out an assessment of competition in two wholesale telecoms markets for the Uganda Communications Commission. This will include analysing the regulatory impact of existing regulations and proposing regulatory interventions to address any competition issues identified.
Economic analysis for an insurance merger for the Competition Commission of South Africa, 2016 - 2017
The Competition Commission briefed Acacia Economics to provide expert economic reports and testimony in relation to the Hollard, Regent and related mergers. Initially, the transaction was structured such that Hollard would acquire the underwriting business of Regent (owned by Imperial) which encompassed a number of products, including motor value-added products (VAPs) such as credit life and shortfall cover, warranties and scratch and dent cover. In addition, Motovantage, a jointly owned subsidiary of Hollard and FirstRand/Wesbank, would acquire the VAPs marketing, administration and retail businesses of Imperial. The Competition Commission prohibited the transaction based on its concerns around the parties' overlapping activities in the underwriting of VAPs as well as in downstream VAPS markets. The Commission also had concerns around the distribution arrangements through Imperial dealerships and the ability of Wesbank to influence Finance and Insurance Personnel ("F&Is") to direct customers to finance vehicles and VAPs through Wesbank at Imperial dealerships. Acacia Economics prepared an expert economic report for the Competition Commission which found that the merger could lead to a significant lessening of competition in the market for financial and mechanical VAPs. The merging parties put forward a remedy to the concerns raised which excluded MotoVantage and Wesbank from the transaction and instead meant that Imperial retained its VAPs businesses. The commitments made were sufficient to satisfy the Commission and Tribunal that the transaction would not substantially lessen competition and the revised transaction was subsequently approved by the Tribunal with conditions.
Competition assessment of public procurement in Zambia for the World Bank and Competition and Consumer Protection Commission of Zambia, 2017
The World Bank appointed Acacia Economics to assist the Competition and Consumer Protection Commission in Zambia in relation to assessing the competitiveness of public procurement processes and screening for anti-competitive conduct in public procurement. This included an analysis of the alignment of public procurement law and processes with competition legislation and principles, as well as examination of the types of data and analysis which can be used to screen for collusion in public procurement. We also conducted a case study where data was collected and a screening exercise conducted for one sector.
Provision of basic and advanced competition economics training for the Competition Authority of Ethiopia, 2017
Genna Robb was contracted by UNCTAD to provide training on competition economics to the competition authority in Ethiopia. A two-day introductory course was provided, followed by a three-day advanced course focussing on abuse of dominance.
Economic advice and analysis of proposed policy interventions for the Independent Communications Authority of South Africa, 2017
Bowmans Attorneys briefed Acacia Economics to provide a series of expert economic reports on competition and economic regulation aspects of proposed government policy interventions for the Independent Communications Authority of South Africa (ICASA). In addition to an overview of the likely impact of the proposed interventions on the sector, Simon Roberts, Ryan Hawthorne, Sha'ista Goga, Genna Robb, Pamela Mondliwa and Anthea Paelo provided detailed economic reports on a range of topics in relation to ICT policy.
The Independent Communications Authority of South Africa (ICASA) briefed Acacia Economics to prepare a competition report in relation to the merger between Liquid Telecom and Neotel.
Economic analysis of a decision by the National Energy Regulator of South Africa in relation to infrastructure regulation, 2017
Cliffe Dekker Hofmeyr (CDH, attorneys for NERSA) appointed Acacia Economics to provide an independent expert economic analysis of one of NERSA’s decision in relation to the economic regulation of a large infrastructure provider.
Acacia Economics was briefed by an airline to provide expert economic research for a competition law complaint against the airline.
Economic research and analysis for the Competition Commission of South Africa's Healthcare Market Inquiry, 2014 - 2017
Genna Robb, Sha'ista Goga and Ryan Hawthorne were part of a panel of consultants working on the South African Competition Commission’s private healthcare market inquiry. This included analysing the impact of the regulatory framework and previous competition interventions on the dynamics of competition in the sector.