Balancing Public Interest Merger Considerations with the Quest for Certainty

AAT editor John Oxenham‘s paper on “Balancing Public Interest Merger Considerations with the Quest for Multi-Jurisdictional Merger Control Certainty” in the “US-China Law Review.

Our readers have free access to the full PDF.

Abstract:

The growing importance of public interest considerations, and the uncertainty that it creates, in South Africa and other sub-Saharan jurisdictions, including Zambia, Namibia and Botswana, pose an additional challenge for merging entities attempting to coordinate multi-jurisdictional merger notifications. These difficulties were, most recently, brought to the fore during the much publicized and highly opposed proceedings involving Wal-Mart’s takeover of the South African listed retailer Massmart. While the growing importance of public considerations increases the complexity and cost of multi-jurisdictional merger filings, the author suggests that these challenges can be countered by addressing public interest considerations as an integral part of submissions in support of merger filings in the sub-Saharan African region

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