AAT exclusive, COVID-19, event

FREE — Two upcoming Africa-focused telephone seminars

Primerio is hosting two telephone conferences:

Wed. 15 April (9 a.m. Eastern time / 14:00h CET) — on the different standards used for assessing force majeure clauses and other commercial implications relating to COVID-19 issues across key Southern and East African jurisdictions (South Africa, Kenya and Mauritius in particular).
Tue. 21 April (9 a.m. Eastern time / 14:00h CET) — on competition-law developments across Africa.  The panel will discuss the most important legislative developments, enforcement decisions and policy direction to take note of, as well as how the agencies across the continent are responding to COVID-19 related issues.
Attendees are invited to send their questions in advance of the sessions which they would like the diverse panel to consider and address.

There are no registration fees, but please RSVP by clicking here and you will receive the dial-in (& Zoom link) information.

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Competition law in life sciences (Fordham / Concurrences event)

Concurrences in partnership with Fordham Competition Law Institute will hold the inaugural Antitrust in Life Sciences on Monday, 23 March, 2020 from 1:30 to 6:30 pm at Fordham Law School in New York

Confirmed keynote speakers are: (1) FTC Commissioner Noah Joshua Phillips, (2) Paul Csiszár, European Commission – DG COMP’s Head of Antitrust Unit for Pharma and Health Services, (3) Gail Levine, FTC Deputy Director, Bureau of Competition in charge of Healthcare cases, and (4) Scott Hemphill, NYU Professor and former NY AG Antitrust Chief.

There will be three panels:

  • Panel 1: Generics Exclusion: What Conduct Crosses the Lines? – Product Hoping, Patent Settlement, Class Certification…

  • Panel 2: Do Pharmaceutical Mergers Harm Consumers?

  • Panel 3: The Counsel’s Perspective: How to ensure Antitrust  Compliance?

You can see all confirmed speakers, and register for free on the dedicated website:

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AAT exclusive, Big Picture, ECONAfrica, economics, event, financial institutions, innovation, mobile payments, Mozambique, Telecoms

Africa: Increased growth rates, innovative banking sector, investment vs. development aid

The above topics were among those discussed at this year’s #AfricaFinanceForum, hosted by the Corporate Council on Africa.  The annual event featured high-level speakers, such as Rhoda Weeks-Brown, IMF General Counsel, who pointed to increased expected economic growth rates of 3.5% in 2019 (half a point higher than in 2018) and a faster per-capita income rise in Africa  than in rest of the world.  “Also up for debate was the dichotomy of investment vs. development assistance as the key driver of economic development on the continent,” notes Andreas Stargard, who attended on behalf of Primerio Ltd.

Ms. Weeks-Brown noted the rise of pan-African (vs. purely domestic) banks, observing the added benefit of improved competition, as well as the steady rise of fintech on the continent. The latter is especially important as the continent is still under-banked and relies heavily on the informal sector (less than 20% of sub-Saharan Africa’s population has a bank account).  Yet Africa leads the world in mobile money.  Mr. Stargard noted that “[s]he and many other speakers on subsequent panels agreed that there was a delicate balance to be struck by regulators and legislators of weighing innovation against the proper level of FinTech regulation and its integration benefits against anti-competitive effects thereof.  The IMF attorney was careful to point out that banking & financial integration must grow in conjunction with, and to support, economic and trade integration, as financial stability is a public good.  Africa requires strong sector regulators that must remain free from undue political or industry interference.”

Kalidou Gadio, a lawyer at Manatt, provided a sanguine assessment of the state of banking in Africa, noting that it is not up to par globally, but better than it was a decade ago, before and during the financial crisis. He also pointed to the net positive effect of banks facing increasing competition from newcomers to the space, such as Orange, M-Pesa and other telecom firms.

Dr. Maxwell Opoku-Afari, First Deputy Governor of the national Bank of Ghana observed the difficulties in setting proper licensing rules for fintech companies by central banks, and commented on the concentration risk in banking.

Phumzile Langeni, special investment envoy of the RSA, gave an objective speech on the investment opportunities in South Africa, including the President’s FDI incentive programme.  She answered difficult questions with aplomb — for example those about the country’s land reforms, infrastructure troubles, and unemployment — and spoke of the enormous growth potential and the “youth dividend” in South Africa and the continent in general.

The half-day event was rounded out by a panel focussed on central banks’ handling of the unique foreign-exchange problems faced by certain African nations, notably Mozambique and Angola, whose central banks had representatives on the panel, including the issues of ForEx reserve allocation and pegged rates.

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Global ATR economics conference – end of May

Concurrences, in partnership with NYU Stern, will hold the fourth annual Global Antitrust Economics Conference on Friday, May 31 2019 from 8:30 am to 5:00 pm at NYU Stern School of Business.

There will be four panels:

  • Panel 1: Antitrust in Sports
  • Panel 2: Telecom Mergers
  • Panel 3: Pricing Issues in Pharma: Pay-For-Delay, Product Hopping…
  • Panel 4: In-House Counsel Session: Platforms

You can see confirmed speakers, and register for free at http://globalantitrusteconomics.eventbrite.com

 

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AAT exclusive, agriculture, COMESA, event, Kenya, mergers, South Africa, Tanzania

GCR Matter of the Year 2019 awarded to AG deal with significant African dimension

Primerio’s Merger Team First to Obtain Clearances on Bayer’s $66 Billion Monsanto Acquisition

The Global Competition Review 2019 GCR Awards honoured the companies and their in-house and outside counsel responsible for shepherding the massive agriculture transaction through the multi-jurisdictional merger-control processes around the globe.  The Bayer/Monsanto (with divestitures to BASF) merger garnered overall “Matter of the Year” as well as “Merger Control Matter of the Year” in Europe.  The ceremony took place in Washington, D.C., during the annual ABA Spring Meeting antitrust conference.

The legal team advising St. Louis-based Monsanto on all African competition approvals was led by John Oxenham and Andreas Stargard, ably assisted by attorneys in 4 African jurisdictions — South Africa, COMESA, Tanzania, and Kenya.  The Primerio lawyers had the unique distinction of obtaining the first out of dozens of required clearances.

Monsanto Africa counsel, Stargard and Oxenham

Monsanto Africa counsel, Stargard and Oxenham, of Primerio

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Nominate! 2019 Antitrust Writing Awards (Concurrences / GWU Law)

Nominations for the 2019 Antitrust Writing Awards are open

We are pleased to announce that nominations for the 2019 Antitrust Writing Awards are now open. For the 8th consecutive year, our friends over at Concurrences Review has brought together an impressive jury panel consisting of antitrust enforcers, professors, and in-house counsels to select the Best Articles and Best Soft Laws published and released in the past year.

The deadline for submission is December 2, 2018.

The present Call for Nominations concerns 3 types of publications:

  • Best Articles: Articles published or accepted for publication in 2018, in both academic journals and professional magazines.

  • Best Soft Law: Most innovative non-enforcement tools issued by competition agencies in 2018, such as guidelines, market studies, white books, etc.

  • Best Newsletters: Leading antitrust newsletters published by law firms that stand out for coverage, contents, readership or innovation.

To nominate an Article, Soft Law or Newsletter, and read full eligibility rules, see here: http://awards.concurrences.com

Articles must be submitted before December 2nd.

The Editorial Committee will select 100 Articles, 30 Soft Law and 30 Newsletters.

Winners will be invited to attend the Gala Dinner on March 26, 2019 in Washington, DC in the presence of the Board and Steering Committee Members. To see the full list of Jury Members, click here.

The Antitrust Writing Awards is a joint initiative between Concurrences Review and the George Washington University Law School. Learn more about the Jury, the Awards categories and Rules on the dedicated website here.

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African female lawyers: Call for nominations!

Our friends at W@Competition invite you to submit nominations by 25 November:

You know or you have worked with – either within your organisation or otherwise – notable women competition professional in their 40s in Africa? The survey will feature 40 outstanding professionals aged between 40 and 49 in the competition field in: Competition Law – Private Practice, Bar & Academia

Filling in this simple online nomination form will only take a minute. There is no limit to the number of women you may nominate.

All eligible nominees will be invited to participate in the second round. An initial list will be drawn up by an independent jury on the basis of anonymised submissions by nominees and input from referees will be sought as appropriate.

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