• Youtube Icon
  • Twitter icon
  • Instagram icon
  • LinkedIn icon
  • Facebook icon
  • Youtube icon
  • Twitter icon
  • Instagram icon
  • Linked In Icon
  • Facebook icon

Competition and Regulatory Economics

All projects

    image

    Development of a tariff framework for the Department of Home Affairs

    The Department of Home Affairs commissioned Genesis Analytics to develop a revenue tariff methodology, including suggested steps, rules and a costing model.

    image

    Expert assistance in interdict against software company

    Genesis was retained by DLA Piper on behalf of Vexall, a new entrant in the pharmaceutical software value-added services market, with respect to an urgent interim relief application sought against the incumbent, Business Connexion Pty Ltd (“BCX”).

    image

    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).

    image

    Competitive assessment opens way to medical manager merger

    Genesis assisted in the competitive assessment required for the merger filing between AfroCentric/DENIS.

    image

    Cloud-based solutions could reduce banking costs in Africa

    Genesis Analytics and Orange Business Services (OBS), with the support of the Bill and Melinda Gates Foundation, published a research report on Cloud Banking in Africa: The Regulatory Opportunity, which explores the potential for cloud computing to reduce the cost of technology for banks.

    image

    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.

    image

    Genesis sizes up the lighting industry in South Africa

    Genesis was comissioned by a manufacturer and retailer of homeware products to size the residential lighting market in South Africa. As no reliable estimates existed for the size of this market, Genesis used various market sizing techniques to establish an accurate estimate for the client.

    image

    Expert assessment of prospects for financial services merger

    Genesis was retained to provide an independent expert assessment of the proposed acquisitions and disposals between two financial services firms.

    image

    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.

    image

    Going off the grid with Small-Scale Embedded Generation

    Genesis Analytics was commissioned by the German Development Cooperation (GiZ) to undertake a market impact assessment for Small-Scale Embedded Generation (SSEG), including the development of a state of play assessment and a range of policy options for government.

    image

    Assessing economics of R5.5b pelagic fishery as rights expire

    Africa’s largest fishing company approached Genesis to produce an independent economic report on the underlying economics of the pelagic industry to provide a sound basis for meaningful engagement between the industry and Department of Environment, Forestry and Fisheries, and ultimately assist informed decision making with respect to the fishing rights allocation process.

    image

    Advisory support to the IDC on a major investment

    Genesis was retained by the IDC to conduct an assessment of the operations and viability of one of the companies in which it has a major shareholding. The company has faced significant challenges over recent years due to the volatile market in which it operates and the nature of its core business lines.

    image

    Economic assessment of potato seed supply agreements

    Genesis was appointed by HZPC and Wesgrow to assess a complaint against their firms over access to the Mondial genetic material and saleable seed potato and the subsequent referral by the Competition Commission to the Competition Tribunal.

    image

    Valuation of major airline’s intangible assets

    A major African airline appointed Genesis Analytics to perform a valuation of its intangible assets. These assets do not appear on the airline’s reported balance sheet because they were developed internally over many years of operations

    image

    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.

    image

    Expert opinion on BATSA and Twisp merger

    Genesis assisted Bowmans on behalf of Phillip Morris South Africa (PMSA) on whether an acquisition by British Tobacco South Africa (BATSA) of Twisp might lead to the foreclosure of PMSA and others in the market for similar products.

    image

    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.

    image

    Genesis gives expert advice on credit bureaux merger

    Genesis was jointly retained by ENSafrica and Webber Wentzel to provide an expert economic assessment of the competitive effects on a merger between two large credit bureaux, Experian and Compuscan.

    image

    First comprehensive mapping of South African fintechs for national treasury

    To enable the growth of the fintech sector while minimising risk and protecting consumers, the National Treasury, in partnership with The World Bank Group, commissioned Genesis to conduct the first full market diagnostic and sizing of the local fintech sector.

    image

    Commission levels playing field on school uniforms

    Genesis was appointed by the Competition Commission of South Africa to undertake a detailed assessment of the allegations against school-uniform retailers for excessive pricing across the country.

    image

    Study counts value of deep-sea hake prior to 2020 rights allocation

    Genesis Analytics quantified, for the first time, the socio-economic contribution of the R6,7-billion deep-sea hake trawl fishery. The SA Deep-Sea Trawling Industry Association (Sadstia) commissioned the report ahead of the allocation of long-term rights for 12 commercial fisheries by the Department of Agriculture, Forestry and Fisheries in 2020.

    image

    Impact of small-scale power generation on municipal revenues

    Genesis used its sector expertise to develop a customisable spreadsheet-based model and guidelines to quantify the revenue impact of small-scale embedded generation (SSEG) on municipal revenues and assist municipalities in their design of sustainable SSEG tariffs.

    image

    Raising the drinking age to 21: Pros and cons

    The National Economic and Development Labour Council (Nedlac) commissioned Genesis Analytics to conduct an urgent independent study on the likely economic, health and social impacts of some of the amendments proposed in the Liquor Amendment Bill, 2017.

    image

    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. 

    image

    Balancing innovation with regulation to grow SA financial services

    Genesis partnered with the Centre of Excellence in Financial Services to understand which policy and regulatory approaches best suit the South African financial sector in managing the balancing act of preserving the country's sound financial system, while enabling fintech innovation that promotes improved access to finance and growth in the sector.

    image

    Quantifying impact of competition in SA securities market

    Genesis was requested by the Financial Sector Conduct Authority (FSCA) to assess the impact of introducing competition in the cash equites market in South Africa. In particular, over the past two years, the FSCA licensed four new trading platforms that are starting to compete against the well-entrenched JSE.

    image

    Genesis reviews SA's energy future through to 2050

    Genesis was commissioned by a civil society organisation to review and comment on the South African government’s long-term energy planning documents, which were published in late 2016. 

    image

    Genesis develops five-year plan to electrify rural Lesotho

    Genesis Analytics has developed a five-year plan to restructure Lesotho’s regulatory arrangements to extend electrification to rural areas in Lesotho.

    image

    Genesis measures impact of solar energy on municipalities

    Genesis was commissioned to develop a tool to assess the impact of small-scale renewable generation, primarily solar PV, on local municipalities in South Africa.

    image

    Genesis benchmarks Kenya's tariffs for price application

    Genesis was retained by an African energy company to compare the retail base electricity tariffs in Kenya to those of other selected countries in the context of a price application to the Energy Regulator.

    image

    Genesis advises Lesotho on rural electrification

    The Government of Lesotho has engaged Genesis Analytics in partnership with CRISIL – a global infrastructure advisory firm – to recommend changes to the institutional arrangements and functions of its Rural Electrification Unit to enable it to deliver on its mandate to increase rural electrification in Lesotho.

    image

    Icasa employs Genesis to sharpen SA telecoms competition

    Genesis Analytics has been retained by ICASA to assist with their Priority Market Study to identify telecommunications key markets that are not characterised by effective competition and may require regulatory intervention to ensure that the goals of the National Development Plan can be met.

    image

    'Open skies' assessment for Mozambique air travel

    Genesis was commissioned to assess the economic rationale for air travel deregulation in the Southern African region. 

    image

    Impact of Walmart merger on Namibia

    Genesis was retained by the Namibian Competition Commission to assist in evaluating the conditions and possible competitive impact of the proposed acquisition of Massmart by Walmart. 

    image

    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.


    image

    Expert advice on Vodacom-Neotel merger

    Genesis was contracted by the Competition Commission of South Africa as expert economic advisers in the assessment of a proposed merger between Vodacom South Africa, the largest mobile network operator in the country, and Neotel, the country’s second national fixed-line operator.

    image

    Impact of Eskom restructuring on long-term tariffs

    Genesis was commissioned by Business Leadership South Africa (BLSA) and Trade and Industrial Policy Strategy (TIPS) to assess the impact on the electricity tariff path if Eskom were to undertake a restructuring of its assets.

    image

    Proximity plays role in assessment of big casino merger

    Genesis was appointed jointly by Sun International and Peermont Global to provide an expert economic report as part of a submission to the Competition Commission, which had received notice of a large merger between these two major casino groups. The commission had recommended the prohibition of the merger, anticipating a significant lessening of competition in the central Gauteng market should it go through. 

    image

    Socio-economic impact of changes to Deeds Registries System

    Genesis conducted a socio-economic impact assessment of the feasibility of implementation of the Electronic Deeds Registration Bill for the Department of Rural Development and Land Reform.

    image

    Design of regulatory impact framework for NERSA

    The National Energy Regulator of South Africa (NERSA) asked Genesis to design a Regulatory Impact Assessment framework for use in evaluating the decisions made by the regulator.

    image

    Pricing models for liquid-fuel price regulation in Zimbabwe

    Genesis assisted the Zimbabwe Energy Regulatory Authority to develop pricing models for the regulation of liquid fuels in Zimbabwe. 

    The liquid fuels include petrol and blended petrol, diesel, aviation fuel, biofuel (ethanol) and LPG.

    image

    Unlocking competition in digital finance in Africa & Asia

    Genesis was commissioned to study impediments to more effective competition in mobile money markets in four markets – India, Bangladesh, Kenya and Nigeria.

    image

    Regulation of medicine dispensing fee in pharmacies

    Genesis has worked extensively with the Pharmacy Stakeholders Forum of South Africa (PSF) in its protracted litigation with the Department of Health regarding price regulation of the dispensing fee for medicines sold through pharmacies.  The central question was whether the dispensing fees prescribed by the Department of Health were sufficient to provide a reasonable revenue stream to community pharmacies so as ensure the viability of the businesses.

    image

    Review of a self-regulatory financial market model in South Africa

    Genesis was commissioned by the National Treasury to conduct a technical review of the effectiveness of the SRO (self-regulatory organisation) model in South African financial markets in the context of the move toward a Twin Peaks regulatory framework.

    image

    Optimum interest rate regime for microlenders and moneylenders

    Genesis was appointed by the Namibia Financial Institutions Supervisory Authority (NAMFISA) to review options for an optimum interest rate regime for microlenders and moneylenders.

    image

    Financial evaluation of third National Lottery applicants

    The Ministry of Trade and Industry brought in Genesis to conduct an independent and substantive evidence-based assessment of the financial and business models of the competing applicants.

    image

    Expert evidence on SA National Payments System

    The South African National Payments System is the backbone of the South African economy. Genesis was asked by the Association of System Operators (ASO) to address a number of key competition issues in terms of the reconsideration of conditions imposed by the Competition Commission in two mergers in the South African National Payment System. 

    image

    Facilitating LPG shipments to the Western Cape

    Genesis was retained by Avedia Energy, a firm involved in a wide range of LPG handling, trading and bottling activities, to assist in its contested application to the National Energy Regulator of South Africa (NERSA) for a licence to construct and operate an LPG storage facility in Saldanha in the Western Cape.

    image

    Critical analysis of Eskom’s multi-year price increases

    Eskom’s tariff increases as part of the MYPD (Multi-Year Tariff Determination) process has had a critical and far reaching impact on the South African economy. The Genesis team has played an important role in ensuring that these tariff increases are governed by sound regulatory principles, being deeply involved in critically assessing all the MYPD tariff applications of Eskom since 2009.

    image

    Expert advice on LPG merger

    Genesis was commissioned to provide an expert economic report related to the merger between the second- and fifth-largest LPG wholesalers in South Africa, namely Easigas and Reatile Gaz. 

    image

    Genesis gives expert advice on major cement merger

    Genesis was retained to provide expert economic analysis in an international merger between cement producers Holcim and Lafarge. The objective of the assignment was to assess the Competition Commission’s requirement that Holcim divest its minority shareholding in a competing South African cement manufacturer as a condition for the approval of the merger.

    image

    Genesis assists merging parties in R62-billion retail deal

    Genesis was commissioned to assist Pepkor Holdings and Steinhoff International Holdings with their submissions to the Competition Commission during its investigation into their proposed R 62.8-billion merger - the largest corporate transaction in South Africa at the time.

    image

    Challenge to ICASA by MTN and Vodacom

    Genesis was commissioned by ICASA to assist in defending its mobile termination rates decision of March 2014 following a legal challenge to the proposed glide path by Vodacom and MTN. The project team played a critical role in the proceedings by demonstrating that the initial drop in termination rates for the larger operators was still above their costs. This allowed the court to suspend the order overturning the regulations for six months while ICASA undertook a more thorough investigation process.

    image

    Expert testimony in alleged case of excessive pricing

    Genesis was commissioned to provide an in-depth economic assessment of whether Sasol’s polypropylene export prices were likely to represent a valid comparator to the domestic prices that were alleged to be excessive. 

    image

    Financial model sets new mobile termination rates

    ‘Termination rates’ are the prices telecommunications operators pay each other to terminate calls originating on each other’s networks (for example, when an MTN customer calls a Vodacom customer, MTN pays a termination fee to Vodacom). For a variety of pro-competitive reasons, regulators around the world set these rates equal to the costs operators incur to provide termination services to each other.

    image

    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.  

    image

    Expert opinion in abuse of dominance complaint

    Genesis was commissioned to provide expert economic evidence relating to a complaint brought by the Fair Competition Commission of Tanzania (FCC) against the Tanzania Cigarette Company (TCC). In the complaint, it was alleged that TCC engaged in an abuse of dominance in relation to a new entrant, and that it then illegally acquired the allegedly successful entrant.

    image

    Advice to NERSA on value of its asset base

    Genesis was commissioned to advise the National Energy Regulator of South Africa (NERSA) on the appropriate methodology to use in order to determine the value of its regulatory asset base.

    image

    Advice to NERSA on regulating tariffs

    Genesis was commissioned to advise the National Energy Regulator of South Africa (NERSA) on the best way to manage the differences in tariff methodologies being applied in its three regulatory divisions.


    image

    Electricity cost model for Nelson Mandela Bay

    Genesis was commissioned to assess the current electricity tariff structure and the impact of introducing a green tariff for renewable energy in the Nelson Mandela Bay Municipality in the Eastern Cape.

    image

    Probe of a MTN-Telkom network sharing agreement

    Genesis was retained by the Competition Commission to assist in an investigation into a proposed mobile infrastructure sharing arrangement between MTN and Telkom Mobile.

    image

    Genesis clears path for casino relocation to Pretoria

    SUN003: 
    Service Area: Regulation
    Genesis was retained by Sun International to provide expert advice on the relocation of Sun International’s casino licence to Menlyn Maine, which is located in Pretoria’s eastern suburbs. 

    image

    Expert advice on public Wi-Fi joint venture

    Genesis provided an expert economic report to support the filing of a proposed joint venture between Dimension Data and MWeb for the development of public Wi-Fi hotspots throughout the country. The analysis of project team located the merger within the context of broader production joint ventures (JVs), as well as JVs in telecoms infrastructure sharing. 

    image

    Genesis assists in court defense of telecom regulations

    Further to work Genesis had done in developing ICASA's 2014 termination rate regulations, the firm was commissioned to play a central role in defending those regulations against a subsequent High Court challenge.

    image

    Negotiations over appropriate administrative penalty

    Genesis was retained by Columbus Steel's attorneys to assist in assessing the economic aspects of consent order negotiations with the Competition Commission relating to alleged scrap metal cartel activity. The project team undertook a detailed economic analysis of the actual effect of the alleged behaviour.

    image

    Investigation of MTN-Afrihost merger

    Genesis was retained by the Competition Commission to assist it in an investigation into the proposed acquisition of a mobile data service provider, Afrihost, by the mobile operator MTN. The project team advised the commission on the definition of the market and on dominance at this level, as well as on the various theories of harm advanced by a number of competitors.  

    image

    Chevron objects to liquid-fuel import terminal

    Genesis was retained by Chevron SA to provide expert economic analysis and testimony to the National Energy Regulator of South Africa (NERSA) in terms of a licence application by Burgan Cape terminals to build a liquid fuel off-loading and storage facility in the port of Cape Town.

    image

    HPCSA vs Buchanan

    Whether corporate ownership of healthcare providers can improve efficiency and lower prices is a hotly contested topic in the healthcare sector. In this case an individual who operated a large franchise of optometrists put this topic on trial. The person lodged a competition law complaint that the Health Professions Council of South Africa (HPCSA) was involved in a restrictive horizontal practice by not permitting corporate ownership. Genesis was retained by the HPCSA to provide an expert economic view of whether this was the case.

    image

    Review of gas master plan for SA government

    The DBSA retained Genesis Analytics was retained by the DBSA to advise the South African government on the Gas Utilisation Master Plan (GUMP). 

    image

    Expert advice on casino gaming definitions

    Genesis was consulted by the attorneys for Sun International for expert advice regarding the appropriate market definition for both casino gaming and limited pay-out machines (LPMs), as well as about whether these could be considered to constitute a single market.

    image

    Green light for hostile agriculture merger

    Genesis  was retained by Suidwes Holdings to provide an economic assessment of the competitive effects likely to arise as a result of its planned hostile merger with Agrinet Holdings. 

    image

    Assessment of large processed foods merger

    Genesis was commissioned to assess the competitive effects of a large proposed merger in South Africa's processed foods industry.  The most important task of the assignment was to reach an accurate definition of the industry’s markets.

    image

    Expert analysis of SWK merger

    Genesis was retained to provide an independent expert assessment of the proposed acquisition of a wholesale agricultural suppliers company by a cooperative, SWK. 

    image

    Objection to a fourth casino licence for Gaborone

    Genesis was commissioned by Sun International to provide an assessment of whether the issuing of a fourth casino licence in Gaborone would be likely to result in concrete pro-competitive benefits. 

    image

    Expert advice on setting doctor's tariffs

    Genesis was commissioned to provide expert economic advice and a report for the South African Private Practitioners’ Forum (SAPPF) in support of its response to a request for comments on the proposed guideline tariffs for medical practitioners and dentists made by the Health Professions Council of South Africa (HPCSA).

    image

    Expert economic advice in bitumen production merger

    Genesis was commissioned by Sasol to provide economic input into the competitive impact of the proposed sale of its Tosas business unit to a major South African road construction company, Raubex.

    image

    Expert evidence in Liberty/Spectramed merger

    Genesis was retained by Liberty and Spectramed to provide a competitive assessment of the proposed amalgamation between the two companies for filing with Competition Commission.

    image

    Expert report gets green light for grain storage merger

    Genesis was retained by Afgri, a major South African agribusiness, to prepare an expert economic report for the proposed leasing of grain and oilseed silos from MGK. The Competition Commission had previously investigated grain and oilseed storage practices, and had referred an abuse of dominance complaint against Senwes. 

    image

    Assessing impact of changes to intellectual property regime

    Genesis was contracted by the to review the draft national policy on intellectual property and provide an independent assessment of the pros and cons of the Bill, and then to make recommendations for improvement.

    image

    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.

    image

    Expert advice on purchase of Lanseria airport

    Genesis was retained by the Pan African Infrastructure Development Fund (PAIDF) to provide economic advice and an expert report relating to the proposed acquisition of Lanseria International Airport by an investment consortium that included the Public Investment Corporation (PIC). 

    image

    Senwes gets green light on Afgri joint venture

    Genesis was commissioned to provide expert economic analysis in relation to a proposed joint venture between Senwes and Afgri.  

    image

    Cost of capital in determining petroleum prices

    Genesis was commissioned by the Department of Energy to scrutinise the weighted average cost of capital (WACC) currently being used by the department when setting margins for four ring-fenced activities that are regulated through the price of petrol in South Africa. These include secondary storage, secondary distribution, wholesale and benchmark service station (retail).

    image

    Review of tariff application by ports authority

    Genesis was retained by the Ports Regulator of South Africa to conduct research and provide analysis in support of the regulator’s assessment of the tariff increase application for 2013/14 from the National Ports Authority.

    image

    Tribunal gives okay to horseracing merger

    Genesis Analytics assisted the Competition Commission in assessing an acquisition of a racecourse that involved the two major South African horseracing administrators,- Gold Circle and Phumelela, both of which are also active in the betting market.

    image

    Impact assessment of logistic fee on medicines

    Genesis was appointed to conduct a financial and economic impact assessment of a logistics fee proposed by Government, which would be applicable to wholesalers and distributors of medicines and related substances. 

    image

    Expert testimony at tribunal on merger

    Genesis was retained to provide expert economic analysis and testimony in the merger between Actom, a large manufacturer of electrical machines and rotating devices, and Savcio, a large repairer of similar products.

    image

    Expert advice in contested Media24 print merger

    Genesis was retained to assess the effects of the proposed move from joint to sole control of the Natal Witness publishing group by Media24, which had evoked substantial opposition from other media groups involved in community newspaper publishing. 

    image

    Expert analysis of candle wax market

    Genesis was commissioned to develop expert economic reports for a number of litigation processes in the candle wax industry, which still provides lighting for millions of households. Sasol Wax faced allegations from candle wax manufacturers of abuses of dominance in arbitration proceedings centred around a contractual dispute, as well as a similar complaint to the Competition Commission.

    image

    Critical analysis of proposed National Road Traffic Act amendments

    Genesis was commissioned to provide economic advice to Johnson Crane Hire (JCH), a leading construction equipment hire company, as well as to Contractors Plant Hire Associates (CPHA). The mandate was to assess the likely impact of the Department of Transport's proposed amendments to mobile crane hire regulations in terms of the National Road Traffic Act (No. 93 of 1996).

    image

    Expert evidence in Bonitas/Pro Sano merger

    Genesis was retained by the parties involved to provide a competitive assessment of the proposed merger of Bonitas and Pro Sano for filing with Competition Commission. The project team’s input was critical in helping them to demonstrate that the proposed amalgamation would have a minimal impact on competition in the medical schemes industry and supported the pro-competitive rationale for the proposed move. The parties obtained merger approval from the Commission promptly. This mitigated solvency concerns for Pro Sano. 

    image

    Expert evidence in Nimas/Resolution Health merger

    Genesis was retained by the parties involved to provide a competitive assessment of the proposed merger of Nimas and Resolution Health for filing with the Competition Commission. 

    image

    Expert advice on private healthcare inquiry

    Genesis was commissioned by the Competition Commission of South Africa to provide expert advice on a potential inquiry into the private healthcare industry, which was prompted by a concern over the increases in costs in the private sector.

    image

    Vertical copper merger goes ahead on appeal

    Genesis was retained by the parties to a vertical merger after the Competition Commission prohibited the acquisition of an additional 50% shareholding in Maksal by Sunset Bay, which already owned 48.5% of the company. 

    image

    Commission supports Steinhoff acquisition of KAP

    Genesis was retained by the legal advisers to Steinhoff during its acquisition of sole control of KAP International. The project team assisted in clarifying critical elements of the competitive assessment. 

    image

    Expert analysis on impact of Walmart-Massmart merger

    Genesis was appointed to provide expert analysis on Walmart’s proposed acquisition of Massmart by affected trade unions, which were later joined by the Department of Economic Development. This was considered a seminal case regarding public interest issues related to mergers and acquisitions in South Africa.

    image

    Consolidation of safety-shoe manufacture

    Genesis was approached by all the major safety-shoe manufacturers in South Africa in order to assist them in assessing what the competitive effects would be of a consolidation of the industry and whether this would pass muster under the Competition Act. 

    image

    Expert evidence in successful seed merger

    Genesis was appointed to provide economic analysis to Pioneer Hi Bred International and Pannar Seed in a case for a proposed horizontal merger relating to the breeding, commercialisation and distribution of hybrid maize seed before the Competition Appeal Court.

    image

    Genesis analysis leads to sawmill demerger

    Genesis was commissioned to assist AC Whitcher, a small sawmilling company operating in the Tsitsikamma area, in opposing a large vertical integration between forestry and sawmilling companies, MTO Forestry and Boskor Sawmill. 

    image

    Access to Lanseria lands in a settlement

    Genesis was retained to provide expert advice to Kulula, the largest low-cost carrier in South Africa, in relation to a Competition Commission investigation into its exclusive five-year agreement with Lanseria International Airport. 

    image

    Expert advice in JSE merger with Bond Exchange

    Genesis was commissioned to provide expert economic advice and analysis in a pivotal transaction between the Johannesburg Stock Exchange (JSE), the primary capital market in South Africa, and the Bond Exchange of South Africa (BESA).

    image

    Assessment of SA road freight strategy

    Genesis was commissioned by an industry association to provide a high-level assessment of the Department of Transport's proposed Road Freight Strategy for South Africa.

    image

    Unique price remedy allows salt mining merger

    Genesis was commissioned to provide economic analysis in the merger between Chlor-Alkali Holdings and Botswana Ash, the only two suppliers of industrial grade salt in South Africa.

    image

    Expert analysis of carbon tax proposal for BUSA

    Genesis was appointed by Business Unity South Africa (BUSA) to provide expert analysis and input in a review of the National Treasury’s discussion document regarding the possible implementation of a carbon tax intended to internalise environmental costs and reduce emissions.

    image

    Expert advice in dispute on tyre price fixing

    Genesis was commissioned to provide expert advice to a leading tyre manufacturer in a Competition Commission investigation into trade arrangements made through a subsidiary with a tyre dealer located in Gauteng.

    image

    Analysis in support of merger of major brokers

    Genesis was retained to assist AON, one of the world’s top corporate brokers, in its acquisition of Glenrand, one of South Africa's largest brokers. At the time of the merger, both parties were operating as brokers in the short-term insurance industry in South Africa. 

    image

    Expert opinion on bundled tariff proposal

    Genesis was commissioned to assist Sasol Oil in assessing and responding to the bundled tariff proposal made to the National Energy Regulator of South Africa (NERSA) by Transnet. The proposal represented a regulatory shift from disaggregated pipeline tariffs to a single, aggregated tariff across all pipelines and pipeline systems

    image

    Expert testimony on grain futures; joint venture

    In a high-profile prohibited practice case in the grain storage and trading markets, Genesis was commissioned to provide testimony and an expert economic report on pleaded complaints of alleged price discrimination and exclusionary conduct.

    image

    Expert advice in hostile takeover

    Genesis was commissioned to provide expert input for a local coatings manufacturing company to support its opposition to a buy-out by an international firm.  

    image

    Complaint about Kulula's pricing on CT - Durban route

    Genesis was retained by the legal advisers to the Kulula airline to assist in responding to a complaint being investigated by the Competition Commission into pricing on the Cape Town to Durban route following the exit of SAA on the route.

    image

    Expert economic analysis in bank card merger

    Genesis provided expert economic analysis in the approved purchase of bank card and SIM card manufacturer, Namitech, by the world's largest chip maker for smartcards and SIM cards, Gemalto. This seemingly concentrated market demanded careful economic analysis of tender behaviour, potential entry and countervailing power in order to reveal the lack of competitive concerns.

    image

    Probe into exclusive steel supply to Indian Railways

    Genesis was retained by Luthra and Luthra to assess the nature and competitive effects of an exclusive supply relationship between the Steel Authority of India Limited (SAIL) and Indian Railways (IR) in response to a complaint made by Jindal Steel Power Limited (JSPL).

    image

    Report keeps India's low-cost airlines airborne

    Genesis was appointed to assist IndiGo, a major Indian airline, in responding to an investigation initiated by the Competition Commission of India (CCI) against the country’s low-cost airlines.

    image

    Genesis tests sustainabilty of renewable energy prices

    Genesis was retained by a leading multinational power producer to assess the sustainability of proposed renewable energy prices, as well as their impact on the cost of electricity generation in South Africa.

    image

    Genesis counts cost of mooted carbon tax for industry

    Genesis was appointed to undertake an economic study to assess the impact of the National Treasury’s proposed carbon tax within the context of rapidly increasing energy costs and the anticipated additional costs of adapting to climate change. 

    image

    Expert advice for Indian stock exchange on pricing

    Genesis was retained by the National Stock Exchange (NSE) of India after it was was accused by another exchange of predatory pricing in the currency derivatives market through its transaction fee waivers on exchange-traded currency futures.

    image

    Expert advice in insurance merger

    In a merger between two of the largest long-term insurers in South Africa, Metropolitan and Momentum, Genesis provided economic assistance to the merging parties. The deal was ultimately approved with employment conditions.

    image

    Genesis assesses govt's energy 2030 price predictions

    Genesis was requested by Business Unity South Africa to critically assess whether the price predictions generated in the Integrated Resource Plan for South Africa - 2010 to 2030 (IRP 2010 report) developed by the Department of Energy are likely a true reflection of the anticipated price increases over time.   

    image

    Internal probe of cartel activity by staff

    Genesis was retained by a major fast-moving consumer products company to assist with internal investigations into whether employees were engaged in cartel activity. 

    image

    Green light for merger of agri cooperatives

    In a merger of agricultural cooperatives BKB and ECAC, Genesis was retained to conduct an in-depth competition analysis of the likely effects of the transaction. 

    image

    Genesis assists Media24 in acquisition of OneLogix

    Genesis provided an expert economic report in the filing for the acquisition of a magazine distribution company, OneLogix, by Media24, a print media company with its own newspaper and magazine distribution division called On the Dot. 

    image

    Report assists mining support products merger

    Genesis was commissioned to assist one of the largest suppliers of mining support products, Bedrock Mining Support, in its bid to oppose a Competition Commission prohibition of its acquisition of hardwood plantations owned by Mondi.

    image

    Expert report in support of expansion of broadcasting licence

    Genesis was commissioned to provide an expert economic submission on behalf of Algoa FM, which was in the process of applying to the Independent Communications Authority of South Africa (ICASA) for an expansion to the terms of its broadcasting licence.

    image

    Advice on Commission probe into supermarket food prices

    Genesis was commissioned to assist a leading national retailer in responding to the Competition Commission's 2009/2010 market inquiry into supermarkets and food prices. 

    image

    Report takes fizz out of complaint against Coke bottler

    Coca-Cola Fortune, a large bottler of Coca-Cola products in South Africa, retained Genesis to provide expert economic analysis  in order to determine whether its sole and exclusive distribution arrangements in Limpopo could be considered anti-competitive exclusionary conduct in terms of the Competition Act . 

    image

    Commission signs and seals packaging merger

    Genesis was retained to assist the client’s legal team in responding to competition issues raised by the large merger of Bidpaper Plus and Sprint Packaging, both of which operated in the packaging industry.

    image

    Green light for Indian pre-payment mortgage charges

    Genesis was appointed by HDFC, a major residential mortgage lender in India, to assist in assessing the competitive impact of the use of pre-payment charges by residential mortgage lenders in India.

    image

    Regulatory impact of changes to National Lottery Act

    Genesis was contracted by the Department of Trade and Industry to conduct a Regulatory Impact Assessment on the changes proposed in the South African National Lotteries Amendment Bill.

    image

    Assistance in accessing university graduate records

    Genesis was retained by the legal advisers to Managed Integrity Evaluation, an employee background checking company, to provide economic input in support of an urgent interim relief application against another background checking company that had secured exclusive agreements for access to graduate databases with a number of South African universities.

    image

    Court rules against asthetic design registration of car parts

    Genesis Analytics was commissioned to provide expert economic advice and assistance for Grandmark International, an importer of motor vehicle components. 

    image

    Advice on additional taxation on beer products

    Genesis was commissioned to assist a leading beer producer in responding effectively to the National Treasury's proposed increase in taxation on beer products, but not on other alcoholic beverages, such as wine.

    image

    Expert advice in one of largest telecoms mergers

    In one of the largest telecommunications transactions in recent years, Genesis was retained to provide expert testimony and reports on behalf of Africa's largest mobile operator, MTN (South Africa). This related to MTN’s successful acquisition of the African operations of Verizon, one of the largest global communications companies, despite the fact that the merger had been vigorously opposed by a competitor.

    image

    Compliance advice on termination rates

    Genesis was commissioned to assist a mobile operator with complaints that had been lodged with the Complaints and Compliance Committee of ICASA.

    image

    Expert report on Senwes acquisition of MGK

    Genesis was commissioned to provide an expert economic report related to the filing of the acquisition of the MGK agricultural cooperative by Senwes, another former cooperative. The acquisition raised potential concerns with respect to both grain trading and storage.


    image

    Expert advice in hostile takeover of Cipla

    Genesis was commissioned to provide expert economic analysis and testimony in a proposed hostile takeover of generics producer, Cipla Medpro, by Adcock Ingram, one of the largest pharmaceutical companies in South Africa.

    image

    Advice on public interest role of minister in competition

    Genesis was commissioned by the DTI to develop guidelines for ministerial intervention in competition matters through the championing of public interest. Genesis used its significant knowledge of the Competition Act and case precedence precedent to assess the scope for this kind of intervention in the South African context. 

    image

    Expert advice on claims of dairy price-fixing

    Genesis was commissioned to assist one of the country’s largest dairy producers in responding to allegations by the Competition Commission that it was involved in price fixing in its milk procurement activities. 

    image

    Impact analysis of new healthcare insurance

    Genesis played a central role in the debate in modelling the fiscal implications of the proposed National Health Insurance (NHI) policy when it assisted one of the largest healthcare service providers in South Africa in calculating the likely spill over effects for the labour market 

    image

    Commission flicks the switch for bank's merger

    Genesis was retained by the legal team acting on behalf of Standard Bank in its acquisition of eCentric Switch to assist in responding to competition concerns raised by the Competition Commission. 

    image

    Competition Commission vs Netstar and others

    In what has become a landmark case, Genesis was retained by a number of vehicle-tracking companies to provide an independent economic analysis of the allegation that a standard set for the vehicle-tracking industry and its adoption by insurers had the effect of raising barriers to new entrants.

    image

    Expert advice in competition banking inquiry

    Genesis was commissioned to provide expert economic assistance and strategic advice to Standard Bank, Africa’s largest bank, on all competition issues related to a landmark market inquiry in the banking sector. 

    image

    Analysis of the future of TV broadcasting

    Genesis was commissioned to provide an analysis of the future of the television broadcasting industry in South Africa for a report commissioned by the National Association of Broadcasters in 2009. 

    image

    Genesis acts for LPG distributor

    Genesis was commissioned to assist a distributor of liquefied petroleum gas (LPG) in cylinders to formulate an application for interim relief against a large LPG wholesaler and a filling station that it supplied for engaging in practices prohibited in terms of the Competition Act.  

    image

    Expert analysis as large investment houses merge

    Genesis was retained to provide expert economic analysis of the proposed merger between two large investment houses, Remgro and Venfin. This involved a wide range of products and markets, including radio broadcasting, content production and advertising.

    image

    Economic advice for major automotive parts merger

    Genesis was commissioned by the parties to assess a merger between Midas and Imperial in the automotive spare parts industry.  

    image

    Advice in abusive pricing of steel wire

    Genesis was appointed to advise a fencing manufacturer on the formulation of a complaint to the Competition Commission regarding abusive price discrimination by a vertically integrated steel wire supplier.

    image

    Expert testimony in major hostile takeover in mining sector

    Genesis was commissioned to provide expert economic testimony before the Competition Tribunal in an ultimately unsuccessful hostile takeover bid for Goldfields by Harmony in the gold mining sector. The focus of the project was on the social dimensions of mining mergers, with particular reference to employment losses.  

    image

    Impact of tariff regulation on private hospitals

    Genesis was appointed to assess the potential impact of a proposal by the Department of Health to regulate tariff negotiations between hospitals and medical schemes, as well as to permit the use of National Health Reference Price List (NHRPL) prices as a default in the event of no agreement being reached.

    image

    Expert advice on private hospital industry in SA

    Genesis was commissioned by HASA and SAMA to provide expert advice on the new National Health Reference Price List (NHRPL) and its implications for the sustainability of the healthcare sector.

    image

    Expert testimony advice in shipping merger

    Genesis provided economic advice in the merger of two firms in the ship and rig repair industry that faced considerable opposition from competitors and sub-contractors

    image

    Licensing support on Cell C for ICASA

    Genesis was commissioned to provide economic analysis and representations to the sector regulator regarding the licencing obligations of one of South Africa’s mobile operators, Cell C.

    image

    Expert advice on infrastructure regulatory framework

    In a key report for the Office of the Presidency, Genesis developed a framework for economic regulators in the communications, transport, energy and water sectors. The framework focused on finding coherence in the design of regulations across the different sectors as differing approaches had previously been adopted.

    image

    Expert testimony in ship-repair company acquisition

    Genesis was retained by Investec Private Equity to provide expert economic evidence and testimony on its acquisition of a minority stake in a ship-repair company, RJ Southey, given another ship-repair investment it held already.

    image

    Expert advice on Consol buying power of used glass

    Genesis provided extensive economic analysis and advice to the largest glass manufacturer in South Africa, Consol Glass, which faced allegations of co-ordination and abuse of buying power by facilitating higher levels of glass recycling. 

    image

    Expert evidence in merger of Gauteng radio stations

    Genesis was retained to file an expert report and testify in a landmark case involving a proposed acquisition in the communications and media sector. 

    image

    Shelf space is central to tobacco case

    In a precedent-setting case, Genesis was commissioned to assist Japan Tobacco International (JTI) in its abuse-of-dominance complaint against another tobacco company, British American Tobacco South Africa (BATSA).

    image

    Expert role in short-term insurance merger

    Genesis was commissioned to provide expert assistance in assessing the competitive impact of a potentially large transaction in the short-term insurance industry. 

    image

    Expert testimony stops price fixing in soda ash mining

    Genesis was commissioned to provide expert testimony and a report in a landmark competition case involving Botswana Ash and the American Natural Soda Ash Corporation (ANSAC), a cartel of American soda ash producers who had successfully opposed similar legal challenges in other countries.

    image

    Review of telecoms policy for Presidency

    Genesis was retained by the Office of the Presidency to conduct the official 15-year review of telecommunications policy and its impact on government’s two central yet evolving objectives of securing cost-competitiveness and providing universal access.

    image

    Advice on cartel consent order negotiations

    Genesis was commissioned to provide advice to a small plastic piping company as part of its internal decision-making process on whether or not to agree to a consent order for cartel behaviour.

    image

    Impact assessment of extending radio licence

    Genesis was commissioned to undertake an assessment of the impact of extending Algoa FM’s broadcasting area to the Southern Cape region. 

    image

    Independent assessment of poultry joint venture

    Genesis was commissioned to conduct an independent economic assessment of efficiency claims relating to the parent stock breeding programme that was part of the Elite joint venture between Supreme Poultry and Astral Foods.

    image

    Impact analysis of a windfall tax on liquid fuels

    Genesis was commissioned to conduct foundational research for a large energy company in one of the most significant policy debates in recent years. This related to the possible implementation of a windfall tax on liquid fuels in South Africa.   

    image

    Benchmarking high price of SA telecommunications

    Genesis has undertaken a number of key studies for Business Leadership South Africa (BLSA), comparing the prices of South African telecommunications services against international benchmarks. 

    image

    Expert advice in one of SA's largest forestry mergers

    Genesis was commissioned to provide expert economic reports and assistance in the filing and subsequent approval of one of the largest mergers in the forestry sector, which took place between Yorkcor and Global Forest Products.

    image

    Genesis report opens way for shot and grit merger

    Genesis was commissioned to provide an economic report and submission to the Competition Commission regarding the proposed acquisition of the local manufacturing facility of a competitor by the largest global producer of shot and grit. 

    image

    Key evidence paves way to tile merger before tribunal

    Genesis was commissioned to provide the key economic evidence on geographic markets in a merger of two roof tile manufacturers, Lafarge and Kulu, before the Competition Tribunal.

    image

    Vegetable oil producer allowed to acquire mills

    Genesis was commissioned to evaluate the acquisition of several oil mills by a producer of branded vegetable oil products, which, at the time, did not own any mills. 

    image

    Successful exemption for over-the-counter medicines

    Genesis was retained to provide an expert economic report for the Self-Medication Association of South Africa (SMASA), which formed the basis of its successful application for the exclusion of over-the-counter medicines from price regulation.

    image

    Expert testimony halts initial Telkom merger

    Genesis was retained to provide expert economic analysis on behalf of the Internet Service Provider Association (ISPA), which was pivotal in the successful opposition to the initial attempted merger between the incumbent fixed-line operator, Telkom, and one of the largest IT companies operating in South Africa, Business Connexion. 

    image

    Telecoms market reviews for the SA regulator

    Genesis was commissioned by the South African communications regulator, ICASA, to work on a number of key regulatory initiatives.  In one such case, the firm was commissioned to develop a series of market reviews, a legal requirement needed to justify both existing and new pro-competitive regulations.  

    image

    Expert role in Icasa's interconnection public hearings

    Genesis was commissioned to provide expert economic assistance to ICASA in the 2007 public hearings on wholesale interconnection, local access and various other services. 

    image

    Assisting Treasury in cross-country telecoms study

    Genesis was commissioned to assist the National Treasury in collating a wide range of data and information on the telecommunications sector in order to inform a World Bank cross-country study.  

    image

    Expert evidence opens way to cable producer merger

    Genesis was commissioned to provide expert economic analysis and testimony before the Competition Commission in a case relating to a proposed merger between two of the largest telecommunications cable producers in South Africa, ATC and Aberdare. 

    image

    Economic impact of restricted air access on Southern Africa

    ComMark Trust commissioned Genesis to assess the extent of the restrictions on the air travel market in Southern Africa and, for the first time, to precisely quantify the economic costs and consequences of these restrictions for the region's economies.

    image

    Bandwidth holds key to lack of telecoms competition

    Genesis was appointed by the World Bank to conduct an assessment of the effects of the introduction of South Africa’s Competition Act in 1998, as well as of its failure to curb the anti-competitive conduct dominating the telecommunications sector. This followed various findings of anti-competitive behaviour in the sector during the 2000s.

    image

    Genesis assists SAA, Comair in settling damages claim

    Genesis was retained jointly by South African Airways (SAA) and Comair to resolve a dispute relating to damages suffered by Comair as a result of travel agent incentive schemes implemented by SAA. 

    image

    Rainbow Chickens gets green light on acquisition

    Genesis was commissioned to provide an assessment of the potential competitive effects of Rainbow Chickens’ acquisition of Bushvalley Chickens, a small poultry processing facility in Tzaneen. 

Sign up to Genesis News

for the latest news and information