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”).
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.
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.
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.
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.
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 gives expert advice on major cement merger
Genesis was retained by Webber Wentzel 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.
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.
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 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).