ANJARWALLA & KHANNA - Africa Legal Network€¦ · ANJARWALLA & KHANNA COMPETITION PRACTICE...

ANJARWALLA &KHANNACOMPETITIONPRACTICE BROCHURE

ALGERIA

BOTSWANA

ETHIOPIA

GUINEA

KENYA

MADAGASCAR

MALAWI

MAURITIUS

MOROCCO

MOZAMBIQUE

NIGERIA

RWANDA

SUDAN

TANZANIA

UGANDA

ZAMBIA

REGIONAL OFFICE:UAE

ASSOCIATE FIRM:SOUTH AFRICA

ANJARWALLA & KHANNA - COMPETITION PRACTICE BROCHURE PAGE 1

A&K is generally considered the leading corporate law firm in Kenya, and is the largest full-service corporate law firm in East Africa with over 90 lawyers. A&K has a specialised competition team, led by partners Anne Kiunuhe and Dominic Rebelo supported by a large team of associates, who have extensive experience and a proven track record advising clients on competition law matters. The team regularly deals with the Competition Authority of Kenya (the CAK), the COMESA Competition Commission (the CCC) and other regional competition regulators.

We have experience on a wide range of matters, including:

▶ Merger advice and merger notification filings;

▶ Investigations into restrictive trade practices and abuse of dominance;

▶ Analysis of commercial agreements (including distribution arrangements) and competition compliance audits;

▶ Analysis of sector specific policies and market studies to identify competition concerns.

We also regularly conduct competition compliance trainings and seminars. We are frequently invited to contribute to the development of various regulatory guidelines, including the guidelines published by the CCC on mergers, restrictive trade practices and abuse of dominance and the competition tribunal rules in Kenya.

Our competition practice has grown rapidly and has an outstanding reputation in Kenya and the region. Our aim is to deliver value to our clients by providing tailored competition expertise and support with commercially focused solutions.

ABOUT US

“[A&K] is a leading corporate practice with a significant track record of handling high-profile M&A and private equity transactions, as well as mandates in the energy, infrastructure and real estate sectors. Especially active regional practice developed through its position as founding member of ALN.” – Chambers Global 2016


ABOUT ALN

A&K is the founding member of ALN. ALN is a leading independent African alliance of top tier law firms across sixteen countries in Africa. ALN’s firms are recognized in international legal directories and regularly advise on ground breaking, first-of-a-kind deals in their markets. ALN is the largest grouping of its kind in Africa, with close working relationships across its members and an established network of Best Friends across the continent.

The firms are located in four major regional economic groupings – EAC, ECOWAS, SADC, and COMESA – with a combined population of 700 million people. ALN firms are on the ground in some of Africa’s fastest growing jurisdictions, including all of Africa’s gateway economies: Algeria, Botswana, Ethiopia, Guinea, Kenya, Madagascar, Malawi, Mauritius, Morocco, Mozambique, Nigeria, Rwanda, Sudan, Tanzania, Uganda and Zambia. ALN has a regional office in the UAE, and works closely with its associate firm in South Africa.

ALN firms share common values and are committed to working together to provide extensive coverage and on-the-ground experience. By leveraging the expertise and skills of each member firm, the group offers seamless delivery of legal, advisory and transactional services, with a focus on matters of complex and multi-jurisdictional nature. By working closely together, ALN member firms have the

ability to manage deals across jurisdictions using a “one-stop shop” approach. This is especially useful where regional regulators are concerned or where transactions require merger filings in more than one jurisdiction.

For more information on ALN please visitwww.africalegalnetwork.com.


DEALSREPRESENTATIVE

Kenyan Mergers

▶ Acting for SABMiller on its merger notification filings to the CAK in relation to both its joint venture with Coca-Cola (through the transfer and amalgamation of various brands, bottling operations and alcoholic and non-alcoholic business lines) and its merger with Anheuser-Busch InBev (to create the largest global brewer, reported to be one of the largest ever global mergers).

▶ Advising Helios Investment Partners, a leading Africa-focused private equity fund, on its application for a merger approval to the CAK and CCC in respect of the acquisition of 70% of the share capital of Telkom Kenya and a shareholder loan from France Telecom.

▶ Advising the shareholders of Giro Commercial Bank in connection with their

merger notification to the CAK in respect of their sale of the entire issued share capital of Giro to I&M Holdings together with the simultaneous transfer of assets from Giro to I&M Bank.

▶ Assisting a multinational oil company with a post-merger corrective filing upon its discovery that it had not obtained approval from the CAK in connection with the sale of a stake in the global business (including Kenya) to a US-based investor prior to the completion of the transaction as was required under Kenyan law.

▶ Acting for Choppies Enterprises Kenya in the acquisition of the business and assets of Ukwala Supermarkets and obtaining regulatory approval from the CAK in relation to the transfer of the assets.

Regional Mergers

▶ Advising the CDC Group, the UK’s Development Finance Institution, with its merger notifications to the CAK, Tanzania’s Fair Competition Commission and the CCC in respect of its USD 140 million equity

investment for 40.65% of the issued share capital in ARM Cement, East Africa’s second biggest cement producer with operations in Kenya, Tanzania and South Africa and listed on the Nairobi Securities Exchange.

MERGERS AND ACQUISITIONS


REPRESENTATIVE DEALS

▶ Acting for Africa Oil Corporation, a Canadian oil and gas company with various exploration assets in Kenya and Ethiopia, and an equity interest in Africa Energy Corporation, with its merger notifications to the CAK and the CCC in respect to its sale of 50% of its interests in exploration blocks in Kenya and Ethiopia, to Maersk Oil, the oil and gas arm of Danish shipping giant A.P. Moller-Maersk Group. This was one of the biggest M&A deals transacted in East Africa at the time.

▶ Acting for Atlas Mara Co-Nvest (ATMA), a financial services holding company with subsidiaries and investments in over ten jurisdictions, in procuring merger approval from the CCC in connection with ATMA’s pan-African cross-border acquisitions of ABC Holdings, ADC African Development Corporation and the commercial banking assets and liabilities of the Development Bank of Rwanda which involved the COMESA member states of Zimbabwe, Zambia and Rwanda.

▶ Assisting Kuramo Capital, an independent investment management firm, in connection with its merger approvals in Kenya, Tanzania and the CCC in respect of its investment for 24.99% of the shares in Trans-century, a company listed on the Nairobi Securities Exchange.


REPRESENTATIVE DEALS

RESTRICTIVE TRADE PRACTICES & AUDITS

▶ Acting for a company involved in the production of fertilizer, in connection with an investigation by the CAK on alleged restrictive trade practices, including representing the company on a dawn raid conducted by the CAK.

▶ Advising the Kenyan subsidiary of an Indian publicly listed company involved in the distribution and manufacture of fast moving consumer goods in Kenya in respect of an investigation by the CAK into conduct alleged to be in breach of applicable restrictive trade practice provisions.

▶ Acting for a global brewer and distributor of beverages and natural mineral waters

in East Africa on an investigation by the CAK into conduct alleged to be in breach of applicable restrictive trade practice provisions.

▶ Conducting a voluntary audit on behalf of a global multinational on their “route to market”, including reviewing their distributorship and agency contracts, conducting interviews with relevant staff and advising the company on changes required in their contracts and systems to ensure compliance with Kenyan competition laws.


SEMINARSPUBLICATIONS &

▶ Anne Kiunuhe and Jaini Shah, 2017. Kenya’s [Competition] Watchdog Has Sharp Teeth and Plans to Use Them. The Lawyer. P. 20.

▶ Anne Kiunuhe and Aditi Khimasia, 2017. The Legislative Framework of the Cartel Prohibition – Kenya. The International Comparative Legal Guide to Cartels and Leniency. 10th Edition. The Global Legal Group.

▶ Anne Kiunuhe, 2016. Overview of Competition Regulation In Kenya, The Common Market For Eastern And Southern Africa (COMESA) and East African Community (EAC): Merger Legislation and Other Recent Trends. The American Bar Association.

▶ Anne Kiunuhe and Jaini Shah, 2016. Overview of Competition Law in Kenya. The European Middle East and African Anti-trust Review. The Global Competition Review.

▶ Dominic Rebelo and Edwina Warambo, 2016. The Dominance and Monopolies Review – Kenya. Law Business Research. P.226.

▶ Dominic Rebelo. Moderated the panel on “Cartel Investigations and the Application of Leniency” at the Annual CAK Symposium 2016.


ACCOLADESAWARDS &


KEY CONTACTS

Anne KiunuhePartner, Co-Head of A&K’s Competition Group

T: +254 20 364 0222E: [email protected]

Dominic RebeloPartner, Co-Head of A&K’s Competition Group


Anne is a Partner and Co-Head of the firm’s Competition Group. With over ten years of experience as a corporate lawyer, she specialises in competition law and mergers and acquisitions, has advised clients on complex competition matters, and is a recognised leader in her field. Anne represented Kenyan stakeholders at various COMESA Competition Workshops in 2014 and 2016 in Ethiopia and Egypt, respectively, where Guidelines for the COMESA Competition Regime were jointly passed. She jointly spearheaded the first joint Kenya COMESA Competition Conference and spoke at the 64th Spring Meeting of the ABA Section of Antitrust Law. Anne is recognised as a leading lawyer by leading international legal directories. In 2015, Anne won the CfC Stanbic Rising Star Award in the Professional Services category.

Dominic is a Partner in the Corporate Department and Co-Head of the firm’s Competition Group. He has wide-ranging experience in competition law, corporate mergers and acquisitions, capital markets, natural resources and environmental law. Dominic has advised domestic, regional and international private and publicly listed companies from diverse sectors, on a variety of commercial transactions, including merger notifications, share and asset acquisitions, privatisations and public listings. He has also assisted a variety of foreign investors in setting up operations in Kenya. Prior to joining A&K, Dominic was a Partner at Daly & Figgis Advocates. Dominic is recognised as a leading lawyer in Chambers Global 2017, recommended by Legal 500 and recognised as a ‘Rising Star’ in Financial and Corporate law by IFLR1000.


KEY CONTACTS

Aditi KhimasiaSenior Associate


Aditi is a Senior Associate in the Corporate Department at A&K. She has over ten years of experience as a corporate lawyer and worked at Reed Smith LLP in London and AZ&B Partners in India prior to Kenya. Her practice focuses on competition law, public and private M&A and corporate governance. Aditi has advised on the notification of various complex mergers and has represented a number of clients facing merger and restrictive trade practice sanctions from the CAK and the FCC in Tanzania. Aditi has presented on restrictive trade practices with the CAK at the Kenya School of Law and at the A&K Competition Seminar in 2015. She has also co-authored various articles on competition law in Kenya and the region.


MEMBER FIRMSALN

ETHIOPIAMesfin Tafesse & Associates

Tensae Building, 2nd Floor, Office No. 001, Bole Road, Cape Verdi Street

Tel: +251 11 667 2341 +251 11667 2271Email: [email protected]

MADAGASCARMadagascar Law Offices

Ankorondrano, AntananarivoMadagascar

Tel: +261 20 23 256 23

Email: [email protected]

BOTSWANADesai Law Group

3rd Floor, North Wing, Central Square, Central Business District (CBD), Gaborone

Tel: +267 3162727Fax: +267 3162737Email: [email protected]

ALGERIABourabiat Associés

Chemin Mackley, Résidence de la Présidence, Bat C, Ben Aknoun, Alger, Algérie

Tel: DZ: +213 775 388 597 FR: +33 660 790 822Email: [email protected]

GUINEASD Avocats

Carrefour de Nongo,Pont de Kaporo, à côté de l’Ecole Centrale

Tel: GN +224 620 56 54 95 FR +33 7 78 02 72 84Email: [email protected]

KENYAAnjarwalla & Khanna

3rd floor, The Oval, Junction of Ring Road Parklands & Jalaram Road Westlands

Tel: +254 0 203 640 000 +254 0 703 032 000Email: [email protected]


ALN MEMBER FIRMS

NIGERIAG. Elias & Co.

6 Broad StreetLagos, Nigeria

Tel: +2341 4607890 +2341 2806970Email: [email protected]

SUDANOmer Ali Law Firm

3rd floor, Tower of Arab Authority for Agricultural Investment and Development Plot 2/1, Block 9/E, Khartoum East, Sudan

Tel: +249 155 155 554Email: [email protected]

MOROCCOBFR & Associés

201, Boulevard ZerktouniCasablanca, Morocco

Tel: +212 5 22 94 96 77Fax: +212 5 22 94 85 25


MOZAMBIQUEABCC

Av. Kenneth Kaunda, 660, Bairro da Sommershield, Maputo, Mozambique

Tel: +258 823 026 110 +258 843 894 872 +258 823 065 482Email: [email protected]

RWANDAK-Solutions & Partners

KN 50ST Ganza -KiyovuNyarugenge, Kigali City, Rwanda

Tel: +250 727 000 973


TANZANIAATZ Law Chambers

1st Floor, Opal Place, 77 Haile Selassie Road, Masaki, Dar es Salaam, Tanzania

Tel: +255 22 260 1151/2Email: [email protected]

MAURITIUSBLC Robert & Associates

2nd Floor, The Axis, 26 CybercityEbene 72201 Mauritius

Tel: +230 403 2400Email: [email protected]

MALAWISavjani & Co.

Ground Floor, Hannover HouseHannover Avenue - Blantyre, Malawi



ALN MEMBER FIRMS

UGANDAMMAKS Advocates

3rd Floor, DTB Centre, Plot 17/19 Kampala Road, Uganda


ZAMBIAMusa Dudhia & Co.

3rd Floor, Mpile Office Park, 74 Independence Avenue


REGIONAL OFFICEAnjarwalla Collins & Haidermota

Saaha Offices, Block C, Office 501AThe Palace Downtown


ASSOCIATE FIRMWebber Wentzel

90 Rivonia Road, Sandton,Johannesburg 2196


“[A&K] is arguably the strongest firm currently operating in the market… [and holds] the title of the largest firm in Kenya.” – IFLR1000 2016

Anjarwalla & Khanna3rd Floor, The Oval

Junction of Ring Road, Parklands & Jalaram Road, WestlandsNairobi, Kenya

T: +254 203 640 000 | +254 703 032 000E: [email protected]

ANJARWALLA & KHANNA - Africa Legal Network€¦ · ANJARWALLA & KHANNA COMPETITION PRACTICE...

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