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Competition and regulatory economics


Competition and regulatory economics

Overview

As the leading provider of competition and regulatory economics services in Africa, Genesis has an unmatched breadth and depth of skills and experience. Blue-chip companies, regulators and competition authorities across Africa routinely rely on us for expert economics advice and input.

We have worked on most major competition and regulatory matters in South Africa and we have been involved in key matters across multiple other African countries including Botswana, Namibia, Kenya, Tanzania, Zambia and Zimbabwe.

Leading The Team

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    Paul Anderson

    Managing Partner (Competition and Regulatory Economics)
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    Anthony Felet

    Partner (Competition and Regulatory Economics)
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    Stephan Malherbe

    Chair and founder (Competition and Regulatory Economics)

Areas of Expertise

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      Competition economics

      As the leading provider of competition economics services in Africa, Genesis Analytics has an unmatched breadth and depth of skills and experience. Blue-chip companies across Africa routinely rely on us for expert advice and support when they interact with competition authorities. We also work extensively with regulators and competition authorities, giving us a position of trust based on a strong reputation for providing robust and independent expert economic views.

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      Regulatory economics and accounting

      Extensive regulatory oversight is a key feature of a number of critical sectors such as energy, telecommunications, transport, water, healthcare, financial services and broadcasting. The prevalence of regulatory interventions in these sectors is largely driven by concerns of market failure and for the protection of consumers. These sectors provide important social services or products, and effective regulation is critical to facilitate the achievement of social goals such as access to services and greater affordability.

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      Communications and broadcasting

      We work with governments and regulators to cut through the complexities of digital markets and ensure that digital policy and regulation are fit for purpose, striking the optimal balance between intervention and innovation. Our work includes all aspects of governance and economic regulation including competition, digital rights, data protection and privacy, consumer protection, e-commerce, economic structure and digital trade.

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      Damages and other litigation

      We offer the full spectrum of expert economic support and advice in litigated and contested processes. Our diverse litigation experience enables us to provide rigorous and legally defendable analysis, advice and testimony for clients in a variety of legal processes, including damages, international trade disputes, and other arbitration and High Court proceedings.

      Our reputation as leading economic experts in these areas is built on rigorous, fact-based economic analysis that is ethical, persuasive, stands up to close legal scrutiny and retains credibility in the eyes of the courts.

      Areas of expertise

      • Damages quantification

      • High Court litigation and arbitration proceedings

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      Energy

      The energy sector has become a source of significant policy and regulatory focus in countries across Africa. Energy security and reliability – and in some cases failed energy reform – represent important challenges for economic growth and development. 

      This includes South Africa where the energy crisis has required careful policy review to determine the optimal long-term market structure across diverse sources of energy, as well as short-term remedies to resolve more immediate challenges.

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      Trade

      For more than a decade Genesis has been engaged in the increasingly complex international trade landscape. This evolving area presents significant risks and opportunities for consumers, companies and governments.

      We remain the provider of choice for most top law firms, government and the private sector when they need to retain expert economic advice to deliver robust solutions on critical trade related matters.

Projects

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    Expert economic evidence green lights JSE’s acquisition of Link Market Services

    Genesis was appointed by the Johannesburg Stock Exchange (JSE) to provide an expert economic report and testimony in the JSE’s acquisition of share registry business Link Market Services South Africa (Link SA).

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    Expert testimony in seminal media predatory pricing case

    Genesis was retained by Media24, a large newspaper and magazine publisher, to defend predatory pricing allegations made against the group by the Competition Commission in what has proven to be South Africa’s seminal predation case.

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    Impact assessment of price on Eskom electricity consumption

    The National Energy Regulator of South Africa (NERSA) appointed Genesis to assess and understand the economic impact of Eskom’s MYPD4 Application, and assess the price elasticity of demand for electricity for the utility's direct and municipal customers.

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    Expert economic testimony paves the way to tile merger

    Genesis was appointed by Italtile to provide expert economic opinion and testimony in Italtile’s acquisition of Ceramic Industries Limited (CIL) and Ezee Tile. 

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    Tribunal gives conditional green light to alcohol merger

    Genesis was appointed to assist with a merger assessment of a licensing agreement in which AB InBev would produce, market and sell Diageo’s Smirnoff ready-to-drink (RTD) alcoholic beverage and Guinness brands in South Africa.

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    Probe on restrictive warranties on car parts

    Genesis was asked by a player in the automotive industry to conduct an independent economic assessment of the impact of prescriptive warranty provisions used by original equipment motor vehicle manufacturers (OEMs) on South African consumers.  

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    Genesis advises Indian airline in battle for air traffic rights allocation

    Go Air approached Genesis to provide an independent economic report on the appropriate allocation of air traffic rights in its challenge of the methodology and process of the allocation of these rights in India.

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    Expert analysis in Africa's largest bottling merger

    Genesis Analytics was appointed jointly by The Coca-Cola Company, SABMiller and Coca-Cola Sabco to provide expert economic advice regarding the creation of Coca-Cola Beverages Africa, the largest Coca-Cola bottler on the African continent.


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    Telkom series of abuse of dominance cases

    Genesis was specifically selected by the Competition Commission of South Africa to provide expert reports and testimony in the prosecution of a series of abuse of dominance cases brought against the fixed-line incumbent, Telkom.

View all

Related Focus Areas

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    Agriculture and agribusiness

    Africa’s agricultural sector is critical to sustainable economic development. Recognising the important role which agriculture plays in supporting economic opportunities, in particular for rural communities, the essential role of the sector for food security, and linkages with poverty alleviation, Genesis works at the public-private interface for government, donor, philanthropic and private sector clients, and in fruit, vegetable, cash and staple crop value chains across Sub-Saharan Africa.

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    Digital economy

    Our digital economy team at Genesis focuses on technology innovation and the opportunities it provides for improving the development potential of African nations. Our work is focused on supporting African governments, their development partners and private firms in forging new tech-enabled pathways to inclusive growth.

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    Financial services strategy

    Our Financial Services team has completed more than 600 projects across sub-Saharan Africa and the Middle East since 2001. We work with leading financial institutions to address their challenges, unlock value for their stakeholders and shape the future of the industry.

    Our team understands the evolving technology and market structures, economics and regulatory trends across all segments of the financial services sector. Our distinct approach is characterised by deep specialisation and rigorous analysis based on a strong economics foundation.

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    Health

    We work with our clients to develop solutions aimed at improving the health of populations throughout sub-Saharan Africa. 


    Our region faces the challenges of the quadruple burden of disease, which includes both communicable and non-communicable diseases, as well as violence and injury. 

    Coupled with this are relatively weak health systems, heavy reliance on donor funding and inequitable public and private sectors. Within this context, we provide experts with decades of experience in the design, implementation, costing and evaluation of health programmes, and strengthening of sustainable health systems.

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    Infrastructure

    Infrastructure holds the key to development in Africa but there has been limited success in meeting the challenge. At Genesis Analytics we offer the tools and expertise to strengthen infrastructure planning, identify sources of finance, and enable project development efficiently and effectively.

    The development of infrastructure in South Africa often relates to key regulated sectors such as energy, which includes electricity, piped gas and petroleum pipelines. Genesis’s regulatory economics expertise in policy and regulatory design, regulatory accounting, and tariff determination is often an essential element in understanding and implementing infrastructure projects in these sectors.

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    Manufacturing

    The manufacturing sector ranges from industrial to fast-moving consumer goods. Genesis has extensive experience in providing services across this sector, from the manufacture of steel, cement, chemicals, resins and fertilizers to credit cards, supermarkets, cereals and tyres.

    Working in this sector requires that economists quickly come to grips with technical issues of production and use of the products. At a retail and consumer level, economists must develop an understanding of competition dynamics that are often based on product differentiation through branding and marketing. They also need to understand the socio-economic impact of the sector.

    In addition to the competition economics and international trade work, our Applied Behavioural Economics practice is also active in this sector. We understand that humans routinely use biases and heuristics to make decisions, and that this often results in atypical or unexpected outcomes. We have proven that businesses can derive considerable value from designing for the fallibility of human decision-making, especially in the consumer-goods sector – whether that be in product design, marketing, sales, service, channels, or other functional areas.

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