Competition and Regulatory Economics
All projects

Promoting fair competition in SA liquid fuels sector
Genesis was retained by a major refinery in South Africa to evaluate and recommend measures that the government could implement to ensure a level playing field and maintain the economic viability of locally produced liquid fuels while also keeping the fiscus whole.

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”).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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).

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).

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.

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.

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).

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.

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.

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.

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.

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.

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.

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

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.

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.

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).

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.

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.

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.

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 .

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.