The American Bar Association Antitrust Law Section will bring together government officials, judges, in-house practitioners and private bar experts for its first conference in Africa on Friday, Sept. 20.

The “2024 Antitrust Across Africa,” sponsored by the ABA Antitrust Law Section will take place Friday, Sept. 20, at TAJ Cape Town South Africa, 1 Wale Street, Corner Saint Georges Mall, Cape Town.

The conference, sponsored by the world’s leading community of competition, consumer protection and data privacy professionals, will be of general interest to all competition practitioners with a focus on leading-edge international, regional and local topics.

Richard F. Boulware, U.S. District Court judge for the District of Nevada in Las Vegas, will deliver the keynote address as the conference kicks off. Boulware has served on the federal bench since 2014 and received an AB degree in 1993 from Harvard College and his law degree in 2002 from Columbia Law School.

Other programs for the one-day conference include: 

• “Fireside Chat Keynote: Perspectives on the State of Play in Africa” -- Doris Tshepe, commissioner of the Competition Commission of South Africa in Pretoria, and Lynda Marshall, chief, International Section, U.S. Department of Justice, Antitrust Division in Washington, will discuss the increase in competition and consumer protection enforcement across Africa and important developments in key African jurisdictions.

• “African Competition and Consumer Protection in Digital Markets” -- African nations are eying their own Digital Markets Act equivalents to engage in ex ante-type regulation, particularly following the release of South Africa’s Competition Commission’s Report into Online Intermediation Platforms Market Inquiry. Experts say parallels can be drawn between lessons learned from South Africa in the implementation of public interest and the ex-ante legislation in Europe. In addition, focusing on protection of personal information, panelists will consider the interplay between consumer protection and competition in the context of digital markets. Speakers are Maria Coppola, director, Office of International Affairs, Federal Trade Commission, Washington (moderator); Tamara Dini, Bowmans, Cape Town; Hardin Ratshisusu, deputy commissioner, The Competition Commission of South Africa, and acting commissioner, Consumer Commission, Pretoria; and Jerome Wilson SC, Advocates Group 621, Johannesburg.

• “Challenges and Opportunities in the Era of ESG” -- There are both challenges and opportunities in promoting fair competition while addressing environmental, social and governance, or ESG, concerns. The panel will explore how the competition law landscape is evolving while considering ESG factors. Speakers are Anne Catherine Faye, Analysis Group, Boston, (moderator); Vani Chetty, Vani Chetty Competition Law, Johannesburg; Victor Domen, DLA Piper LLP, Washington; and Liberty Macebo Mncube, deputy chairperson, Competition Tribunal of South Africa, Pretoria.

• “Fireside Chat” -- Participants are Tembinkosi Bonakele, consultant, Johannesburg, and Eleanor Fox, the Walter J. Derenberg Professor of Trade Regulation Emerita, New York University School of Law, New York.

• “A Judicial Perspective on Competition Expert Testimony” -- The field of competition law and economics requires highly skilled and knowledgeable professionals to effectively analyze complex market dynamics and ensure fair competition. The judiciary has both challenges and opportunities in reviewing testimony of competition experts. Speakers are William Kovacic, George Washington University School of Law, Washington (moderator); Richard F. Boulware, judge, U.S. District Court for the District of Nevada, Las Vegas; Sha’ista Goga, Acacia Economics, Johannesburg; Anisa Kessery, member, South African Competition Tribunal, Pretoria; and Norman M. Manoim, judge president, South African Competition Appeal Court and judge, Gauteng High Court, Johannesburg.

• “Implications of South Africa’s Public Interest Analysis” -- South Africa’s increased use of public interest conditions in mergers has implications for competition law analysis.  The complex interplay between labor markets and antitrust policies has significant implications for building fair and inclusive economies. Speakers are Leslie C. Overton, Axinn Veltrop & Harkrider LLP, Washington (moderator); Dennis M. Davis, University of Cape Town, Cape Town; Michelle Le Roux SC, Advocates Group 621, Johannesburg; and John Oxenham, Primerio Ltd, Johannesburg.

• “Trends in Multi-jurisdictional Merger Control and FDI” -- Recent developments in various merger control regimes have implications for practitioners working on multi-jurisdictional reviews.  The panel explores the practical tips for working across jurisdictions in Africa on merger control and foreign direct investment, or FDI, clearances. The complexities of working across multiple jurisdictions are magnified by consideration of new and important theories of harm, the role of public interest criteria in merger assessments (especially in South Africa) and views on appropriate remedies. Speakers are Amanda Wait, DLA Piper LLP, Washington (moderator); Babatunde Irukera, Abuja; Jocelyn Katz, ENSafrica, Johannesburg; and Willard Mwemba, chief executive officer, COMESA Competition Commission, Lilongwe.

For additional information on the conference, visit www.americanbar.org/content/dam/aba/administrative/antitrust_law/2024-gss/gss-south-africa.pdf.

(https://www.americanbar.org/news/abanews/aba-news-archives/2024/09/aba-antitrust-conference-cape-town/)