Competition

Anjarwalla & Khanna has a specialised competition team which advises on both merger control and restrictive trade practices. The A&K competition team is led by partners Dominic Rebelo and Anne Kiunuhe, who have extensive experience dealing with the Competition Authority of Kenya and the regional COMESA (Common Market for Eastern and Southern Africa) Competition Commission.  Dominic and Anne are frequent speakers at competition seminars and regularly represent clients in merger and restrictive trade practice hearings.  Representative matters include:

  • Acting for Schneider Electric, a publicly listed, multinational, industrial goods and services company on a joint venture and an acquisition of a majority stake in a Kenyan company and its two affiliates as well as subsidiaries in Uganda and Tanzania, including conducting due diligence, drafting and negotiating all transaction documents, advising on employment and tax issues and obtaining and coordinating competition approvals from authorities in three jurisdictions as well as from COMESA.
  • Acting for Royal Dutch Shell (Shell), an Anglo–Dutch multinational oil and gas company headquartered in the Netherlands, in connection with Kenyan law matters in its takeover bid for British Gas (BG), the largest UK energy and home services company, including advising on the impact of the transaction on BG’s assets in Kenya, advising on the transfer of interests held by BG in production sharing contracts, and obtaining regulatory approval from the Competition Authority of Kenya in relation to the transfer of BG’s participating interests in production sharing contracts to Shell.
  • Acting for Atlas Mara Co-Nvest (ATMA), financial services holding company with subsidiaries and investments in over ten jurisdictions, in procuring merger approval from the COMESA Competition Commission in connection with ATMA’s pan-African cross-border acquisitions of ABC Holdings, ADC African Development Corporation AG and the commercial banking assets and liabilities of the Development Bank of Rwanda which involved the COMESA member states of Zimbabwe, Zambia and Rwanda.
  • Acting for Bharti Airtel, the largest cellular service provider in India, on the acquisition of Zain’s mobile service providers across fifteen countries throughout the Middle East and Africa, advising on the transaction in Kenya, Tanzania, Uganda and Zambia including obtaining clearance from relevant telecommunication and competition authorities in each country.
  • Acting for Abraaj Capital, a private equity firm managing over USD 5 billion and operating in numerous growth markets globally, on their purchase of Aureos Frontier, a Mauritian-domiciled, private equity fund indirectly owned by European governments, including obtaining regulatory consents from the Competition Authority of Kenya and the Kenya Capital Markets Authority.
  • Acting for Helios Investment Partners, a leading Africa-focused private equity fund, in its entry into a joint venture with Acorn Group Africa, a property development and project management firm, for the identification, acquisition, construction and development of real estate properties in Kenya, involving the unwinding of a pre-existing joint venture between British American Asset Management by Acorn and simultaneous entry into the joint venture with Helios, including obtaining regulatory consent from the Competition Authority.
  • Advising the World Bank on recommended changes or additions to Kenyan maritime laws to provide for compliance with the COMESA Competition Rules (including, review of the Carriage of Goods by Sea Act Cap. 392, the Kenya Ports Authority Act (cap 391); Maritime Zones Act (cap 371); the Marine Insurance Act (cap 390); the Lakes and Rivers Act (cap 409); the Ferries Act (cap 410)).
  • Advising Equity Group, which holds major banking institutions in five East African countries and is listed on the Nairobi Securities Exchange (NSE), the Ugandan Securities Exchanges and the Rwandan Stock Exchange, on Equity’s private, off-market KES 2.2 billion sale of a 24.75% stake in the NSE-listed Housing Finance Company of Kenya to NSE-listed British-American Investments Company, including negotiating and drafting all sale documentation, advising on tax issues such as capital gains tax as well as obtaining approvals from the NSE, Capital Markets Authority of Kenya, the Central Bank of Kenya and the Competition Authority of Kenya and COMESA.
  • Advising Industrial Promotion Services, a Kenyan company, on its proposed merger with other entities within COMESA, including advising on COMESA Competition Regulations and assisting in obtaining a negative clearance from the COMESA Competition Commission.
  • Acting for the shareholders of Afsat Communications, the leading African satellite internet service provider with a presence in 26 countries in Africa, on their sale of the company to Multichoice Africa, including drafting and negotiating all transaction documents, providing advice on Kenyan competition and telecommunications laws and coordinating telecommunications and competition regulatory advice in eight jurisdictions.

Our advice is provided with a view to efficiently closing regulated transactions with a minimum disruption to our client’s business.

Please click here to see our Competition Practice brochure.

For more information on Anjarwalla & Khanna’s competition expertise, please contact DOMINIC REBELO and ANNE KIUNUHE