The following Competiton guidance note Produced in partnership with Bowmans provides comprehensive and up to date legal information covering:
A conversation with Lucinda Verster, partner at regional law firm Bowmans, on key issues on merger control in Botswana
NOTE–to see whether notification thresholds in Botswana and throughout the world are met, see Where to Notify.
The Authority has increasingly sought to elevate 'public interest' concerns such as citizen empowerment in its determination of mergers. The extent to which this is permissible is debatable given that the Act appears to consider such concerns as secondary.
In addition, the Authority investigated deals involving the entering into of lease agreements rather than out-and-out sales as a mechanism for circumvention of the merger control provisions of the Act.
On 31 March 2016 the Authority published a notice to representatives of merging parties in terms whereof merging parties are requested to complete, in addition to Form J, additional information (see further, question 9 below.
Proposals have been put forward by various enterprises for amendments to the Botswana merger control regime, specifically in relation to the notification thresholds; such enterprises are of the view that the thresholds are too low, Furthermore, the enterprises in question are of the view that the thresholds should be increased to assist the Authority in dealing with mergers of significant commercial value that would have a significant bearing to the economy, as opposed to dealing with numerous merger notifications that could potentially create a backlog due to the low prescribed thresholds.
Improving the effectiveness of communication between the Authority and enterprises
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