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Competition economics

All projects

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    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”).

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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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    Competitive assessment opens way to medical manager merger

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

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    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.

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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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    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.

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    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.

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    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.

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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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    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.

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    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.

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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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    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.

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    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. 

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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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    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.

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    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. 

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    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.

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    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. 

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    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. 

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    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.

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    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. 

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    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.

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    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. 

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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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    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.

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    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.

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    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. 

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    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.

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    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.  

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    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.

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    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.

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    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. 

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    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.

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    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. 

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    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.

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    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.

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    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. 

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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.

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    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). 

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    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.  

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    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.

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