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BEE and Public Interest in Merger Control

BEE and Public Interest in Merger Control

Update: 2025-11-12
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CDH is pleased to announce the launch of its new podcast series, Clause & Effect, which provides listeners with an informed and engaging view into the intersection of business and law.

Cliffe Dekker Hofmeyr (CDH) is pleased to announce the launch of its new podcast series, Clause & Effect, which provides listeners with an informed and engaging view into the intersection of business and law. Each episode will feature conversations with CDH’s leading practitioners and industry specialists, offering practical insights on key developments shaping the South African and regional business landscape.

The inaugural episode, hosted by Phetha Mchunu, features Allan Hannie, in the Corporate & Commercial practice, in a discussion focused on the evolving role of broad-based black economic empowerment (B-BBEE) and public interest considerations within merger control policies under South Africa’s competition framework.

Recorded on the same day as the Inaugural Company Law Developments Conference, this episode draws on real-world examples and current regulatory trends to examine:

  • The interplay and current misalignment between B-BBEE legislation and the Competition Act;
  • Practical challenges arising from merger conditions relating to ownership and employee share ownership plans (ESOPs); and
  • How companies can proactively integrate transformation into their commercial strategy to achieve both compliance and long-term business value.

Mr Hannie emphasises the importance of approaching B-BBEE not as a compliance hurdle, but as a strategic tool capable of driving competitiveness, inclusivity, and organisational cohesion.

The discussion underscores CDH’s commitment to providing thought leadership on issues at the forefront of corporate governance, transformation, and regulatory reform.

Click here to watch - https://youtu.be/nQjEHAEaAtY

“Transformation, when approached with purpose, strengthens business performance and creates shared value across stakeholders,” notes Allan.

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BEE and Public Interest in Merger Control

BEE and Public Interest in Merger Control

CLIFFE DEKKER HOFMEYR