Outreach: International Merger Enforcement Cooperation and younger/ newer agencies – A view from South Africa 29 April 2015, Sydney, Australia Annual ICN Conference Hardin Ratshisusu Follow us on &

OVERVIEW  Importance of cooperation with other jurisdiction  Nature of cooperation  Experience of the CCSA (recent cases)  Some challenges  Conclusions

Why cooperate?  Essence of cooperation in merger review – Increasing number of investigations have an impact in other jurisdictions – Complexity of cases requires sharing of ideas and knowledge  CCSA is involved in various fora e.g. SADC, BRICS, ACF, ICN, OECD, UNCTAD and others – Platforms provide for cooperation in areas of competition law enforcement

Why cooperate?  Cooperation mostly in cases during investigations  Other areas of cooperation – Capacity building – Policy – Other institutional issues

NATURE OF COOPERATION  Historically - cooperation between CCSA and mature agencies e.g. US, EC  Current focus on other agencies, particularly in Africa  Nature of cooperation largely informal and limited (no bilateral, agreements, MoUs or waivers)  Largely reactive interactions triggered by notification  Focus on competitive assessment and remedies in investigations

AgencyInformation sharedCooperation NaCC (Namibia) Approach in dealing with public interest issues Walmart/Massmart NaCC (Namibia) RemediesKansai/Freeworld NaCC (Namibia) Investigation approach and market definition Grohe/Mainstreet, Clover/Nestlé’s bottle division, Bucketfull/Nampak (labels) BotswanaBotswana requested non- confidential report Academic book shops investigation EC, ACCC and Mexico Investigation approach and remedies Nestlé/Pfizer investigation EC and FTCMarket definition and issues investigated General Electric/Alstom EXPERIENCE OF CCSA - EXAMPLES

AgencyInformation sharedCooperation Swaziland and Botswana Approach in dealing with public interest issues and market definition Metropolitan/Momentum, CMA and ECMarket definition and spectrum issues Telecoms cases ECInvestigation approach and market definition Charger /DEMB and Mondelez FTCMarket definition, issues investigated and decision Mario II Finance (Merck)/Sigma

 Other areas of cooperation – Capacity building – Benchmarking of processes e.g. turnaround times – Secondments or exchange programmes  Strengthening cooperation in BRICS EXPERIENCE OF CCSA

 Legal challenges – Access to confidential information  Different approaches and focus – Public interest issues  Timing – Notifications – Investigations – Decisions CHALLENGES

 Better outcomes on multijurisdictional cases where there is cooperation among various authorities, e.g. Nestle/Pfizer  Some useful interactions through informal cooperation e.g. on remedies for cases  Each jurisdiction should independently identify competition concerns, and then find areas of common interest CONCLUSION

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