Competition Law Firm In Sandton
Competition Act Advice, Merger Filings and Commission Defence
A Sandton business that fixes prices with a competitor, divides a market or imposes minimum resale prices faces a Competition Commission referral, administrative penalties of up to 10 per cent of turnover and, for the individuals who caused it, criminal liability, while an unnotified merger can be declared void with the transaction unwound.
Our commercial team advises on the Competition Act 89 of 1998 from the Sandton office, in Africa’s corporate hub, covering prohibited-practices risk, merger notification before the Competition Commission and defence in Tribunal proceedings.
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Why Competition Law Turns on Conduct Before the Crisis
The Competition Act 89 of 1998 is enforced on the record of what your business already did, not on what it meant.
Every competition matter in the Sandton corporate node runs through the same machinery:
- prohibited practices review
- abuse of dominance exposure
- merger notification thresholds
- Commission investigations
- Tribunal referrals
- corporate leniency policy
The Act draws hard lines: horizontal agreements between competitors on prices, markets or customers are prohibited outright; vertical practices such as minimum resale price maintenance are similarly barred; dominant firms face additional duties against exclusionary conduct; and mergers above the turnover and value thresholds must be notified to the Competition Commission and approved before implementation.
The record is built in ordinary business life: an email thread from an industry association meeting, a distributor agreement’s pricing clause, a deal implemented while notification was pending. Competition risk is therefore managed in the drafting room and the boardroom, long before the Commission’s letters arrive.
What a Competition Law Attorney Does
Before the event: distribution, agency and franchise agreements screened for vertical restraints; trading terms tested against dominance duty; joint ventures and industry-association conduct reviewed; merger thresholds assessed and notifications prepared.
After the Commission calls: managing the investigation, running the privilege line on documents, advising on the corporate leniency policy where cartel exposure exists, and appearing in Competition Tribunal and Competition Appeal Court proceedings.
Gun-jumping is not a technicality. An implemented unnotified merger can be void.
Merger Notification vs Conduct Investigation
Merger Notification
A transaction assessed against the Competition Act’s thresholds, filed with the Competition Commission and approved, conditionally approved or prohibited before implementation.
Small mergers are decided by the Commission, large mergers by the Tribunal on its recommendation. The discipline is timing: the deal cannot be implemented until approval, and the filing quality decides the questions the Commission asks.
Conduct Investigation
A Commission investigation into prohibited practices or abuse of dominance, ending in a consent agreement, a referral to the Tribunal or a closure.
The discipline is the record: privilege management, careful submissions, and where cartel exposure exists, early advice on the corporate leniency policy, which favours the first through the door.
| Dimension | Merger Notification | Conduct Investigation |
|---|---|---|
| Trigger | A planned transaction above thresholds | Alleged past or ongoing conduct |
| Primary work | Filing preparation, timing, conditions | Document review, submissions, leniency |
| Key risk | Implementation before approval | Penalties up to 10% of turnover |
| Deciding body | Commission; Tribunal for large mergers | Commission, then the Tribunal |
| Client posture | Proactive and scheduled | Reactive and urgent |
The Pathway, Step by Step
From risk assessment to a closed file.
Competition risk assessment
An intake on the business’s agreements, market position and dealings with competitors identifies where the Act bites.
Document screening
Distribution, agency and joint-venture agreements are reviewed for vertical restraints and dominance duties, and remedied in drafting.
Merger analysis
Where a transaction is live, the thresholds are tested against turnover and value figures and the notification strategy is fixed.
Filing or response
A merger filing is prepared and lodged with the Commission, or, where the Commission has made contact, the investigation response and privilege protocol are managed.
Commission and Tribunal phase
Submissions are made, conditions negotiated or consent terms settled, and hearings run where the matter is referred.
Compliance embedding
Findings are translated into staff policies, meeting rules for industry bodies and template agreements so the risk does not return.
Which Courts Serve Sandton Clients
Sandton commercial matters run through the Johannesburg machinery:
- High Court, Gauteng Division – commercial litigation, contract disputes and company matters.
- Competition Tribunal and Competition Appeal Court – merger approvals, prohibited-practice hearings and appeals, sitting in the Gauteng node.
- Magistrates’ and Regional Courts – smaller commercial claims within jurisdiction.
Otrebski Attorneys practises from 5th Street, Sandhurst – in the district it serves.
How to Choose a Competition Lawyer in Sandton
Competition work is technical and document-heavy. Choose on evidence of it.
- Act-specific experience.Ask for merger notifications run and Commission matters handled under the Competition Act, not general commercial work relabelled.
- Threshold fluency.The lawyer should be able to explain when your transaction triggers notification without reaching for a textbook.
- Investigation discipline.In a Commission investigation, privilege management and controlled submissions are the difference between closure and referral.
- Drafting that prevents.The best competition work is a distribution agreement that never needs defending.
- Verifiable standing.Confirm the firm and its attorneys through the Legal Practice Council register.
What Competition Law Work Costs
As a market guide, agreement screening and competition opinions commonly run R20,000–R60,000; small-merger notifications from R60,000–R150,000 and large-merger filings materially higher; Commission investigations are typically billed hourly at R2,500–R6,000 given their unpredictability.
Quotes exclude Competition Commission filing fees, economic consultants’ fees and counsel. Investigation costs are driven by document volume and cannot be fixed in advance; Otrebski Attorneys phases every mandate and quotes each phase in writing. No hidden costs.
Common Mistakes to Avoid
The expensive competition mistakes are avoidable.
The Price of Getting It Wrong
Sanctions Under the Competition Act
For prohibited practices the Tribunal can fine a business up to 10 per cent of group annual turnover, order divestiture and interdict the conduct. Gun-jumping has its own cost: an unnotified merger implemented without approval can be declared void, with the transaction unwound after the fact.
Since 2016 the individuals behind cartel conduct are criminally liable, not just their employers. The Commission’s corporate leniency policy shields the first member of a cartel to confess and cooperate, which is why historic exposure is treated as urgent.
Frequently Asked Questions
The Competition Commission contacted our business. What now?
Do not respond informally and do not start deleting anything. Take competition law advice immediately: the next steps involve a privilege-protected document review, controlled correspondence and a decision on cooperation strategy. What is said in the first week shapes the whole matter.
When must a merger be notified in South Africa?
When the transaction meets the combination-of-turnover and value thresholds set under the Competition Act. The test is mechanical, not a matter of judgment, and a competition lawyer can run it from your figures quickly. Implementing a notifiable merger before approval is the error.
What is the penalty for a cartel in South Africa?
The Tribunal can impose an administrative penalty of up to 10 per cent of group annual turnover for prohibited practices, order divestiture, and interdict conduct. Since 2016, individuals who cause, build or enforce cartel conduct face criminal liability.
Is minimum resale price maintenance illegal?
Yes. A supplier may recommend prices but may not impose a minimum resale price on dealers. The prohibition sits in the Competition Act’s vertical restraints and is enforced by the Commission, including through activist complaints and sweep tests.
What is the corporate leniency policy?
The Commission’s programme offering immunity from prosecution to the first member of a cartel that confesses and cooperates, on conditions. It is the reason businesses that discover historic cartel exposure seek advice quickly.
Which bodies hear Sandton competition matters?
The Competition Commission investigates from its Gauteng offices, the Competition Tribunal hears referrals and merger hearings, and appeals go to the Competition Appeal Court. Sandton-headquartered groups are among the most frequent users of all three.
Do competition rules matter to a smaller Sandton business?
Yes. The Act’s prohibitions apply at any size, and the Commission has pursued small firms in local markets, from bakeries to building contractors. Dominance duties only apply to powerful firms, but cartel and resale-price rules apply to everyone.
What does merger notification cost?
As a market guide, small-merger filings commonly run R60,000–R150,000 in legal fees, with large mergers materially higher once economists and counsel are involved. Phased written quotes are the standard approach.
Speak to a specialist.
Otrebski Attorneys practises from Office 9th Floor, The Spaces, 5th Street, Sandhurst, Sandton – with transparent billing and no hidden costs.
Call 060 500 3098
Office hours: Monday to Friday, 08h00 – 17h00 · send a message
Image credits: Eternal Flame, Constitution Hill – Mihi tr via Wikimedia Commons, CC BY 4.0; Johannesburg skyline – Khaanya96 via Wikimedia Commons, CC BY-SA 4.0; Mandela Bridge, Braamfontein – South African Tourism via Wikimedia Commons, CC BY 2.0.