John Oxenham

Nortons (Sandton)
Lawyer (Director)

John practices broadly in the regulatory field and principally in competition law and white collar crime, including industry restructuring initiatives, joint ventures, cartel investigations, leniency applications, merger control, merger intervention, general competition litigation and commercial litigation, before the local South African and regional competition authorities and South African Courts. John has advised clients on a range of regulatory compliance initiatives including competition law, corruption, white collar crime and consumer protection law programmes. John continues to advise clients in relation to antitrust matters throughout sub-Saharan Africa and advised, in conjunction with Geroudis, the Mauritian Competition Commission on the implementation of its merger guidelines and procedural rules. Together with Anthony Norton, John is a integral member of the Nortons Inc. white collar crime and fraud practice and has represented various clients in relation to corruption and fraud matters. John regularly advises clients on local and foreign anti-corruption legilsaltion including compliance with the Prevention and Combating of Corrupt Activities Act of South Africa ("PCCAA"); the Bribery Act of the United Kingdom ("UK Bribery Act"); and the Foreign Corrupt Practices Act ("FCPA") of the United States of America. Recently he attended the 2012 Dublin ICC Fraudnet Conference on Fraud and Asset Recovery on behalf of Nortons Inc.

Linked authors

Primerio (Washington)
Paul Hastings (Brussels)
French State Council (Paris)
British Competition Authority - CMA (London)
Jones Day (Brussels)
Sheppard Mullin (San Francisco)
Orrick, Herrington & Sutcliffe (Paris)

Articles

1501 Bulletin

John Oxenham The South African Competition Commission conducts dawn raids at the offices of undertakings competing on the markets for panel beating, spray painting and towing of vehicles (Precision / Eldan / VAAC)

83

Auto-Body Repair Centres raided by SACC* Earlier on 4 July 2014, the South African Competition Commission (“Commission”) has conducted dawn raids at the offices of Precision and Sons (“Precision”), Eldan Auto Body (“Eldan”) in Pretoria West, as well as the Vehicle Accident Assessment Centre (“VAAC”) (...)

John Oxenham The South African Competition Tribunal asks for a submission on reasons for approving the cartel settlement and expresses doubts as regards the low level of fining (Premier Fishing)

85

Appellate competition body questions authority’s lenient fine* Tribunal expresses doubts as to lenient fining level of Premier Fishing The chairman of the South African Competition Tribunal, Takalani Madima, has asked the South African Competition Commission and Premier Fishing for ‘detailed (...)

John Oxenham The South African Competition Commission confirms that it has conducted a dawn raid operation at the headquarters of two suppliers of edible oils and baking fats sold to wholesale and retail customers (Unilever / Sime Darby)

51

Surprise search and seizure visit at Unilever and Sime Darby in South Africa* The South African Competition Commission (“Commission”) has confirmed that it has conducted such a dawn raid operation at Unilever South Africa (Pty Ltd) (“Unilever”) and Sime Darby’s respective South African offices (...)

John Oxenham The South African Competition Tribunal dismisses a monopolization case brought by the Competition Commission against a leading brewer and distributor of beer and soft drinks (South African Breweries)

192

SA competition enforcer’s distribution monopoly case dismissed by Tribunal* South African Breweries distribution case dismissed The Competition Tribunal of South Africa has dismissed a monopolization case brought by the Competition Commission against South African Breweries (“SAB”). The (...)

Andreas Stargard, John Oxenham The South African Competition Tribunal approves the merger on the market for canned pilchards on the same conditions initially imposed by the Competition Commission (Oceana Group / Foodcorp)

21

Commission’s fisheries merger conditions upheld on review by Tribunal* Competition Tribunal confirms Commission’s ruling on Oceana and Foodcorp merger Johannesburg-listed Ocean Group Limited is the largest fishing company in South Africa, whose fishing activities include inter alia the (...)

John Oxenham The Kenyan Competition Authority finds that the world’s second-biggest cement producer has engaged in a price-fixing agreement due to the acquisition of shareholdings in two direct competitors (Lafarge)

39

Kenya: Lafarge faces possible price-fixing penalties due to cross shareholding* East Africa back on antitrust enforcer’s mat in hybrid unilateral / collusion case The Kenyan Competition Authority has alleged that Lafarge has engaged in price-fixing due to the company’s cross-shareholding in (...)

John Oxenham The South African Competition Commission closes its investigation into exclusive lease agreements in the supermarket industry without taking further action (Shoprite / Woolworths / Spar Group / Pick’n Pay Stores / Massmart / Metcash)

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Competition Commission concludes exclusive-lease investigation without taking action* The South African Competition Commission (“Commission”) has recently announced that it has concluded its investigation into the major retail grocery stores, namely Shoprite Holdings Ltd, Woolworths Holdings (...)

John Oxenham The Competition Commission of India organises two-day conference on issues and challenges in setting up an effective agency, enforcement related to state owned enterprises, public procurement and creation of competition culture (BRICS International Competition Conference)

62

Quo vadis? Political interventionism in South African competition law* There has been a somewhat startling demonstration of diverging views regarding interventionism in competition matters between emerging and established jurisdictions. During the recent BRICS international competition (...)

John Oxenham The Supreme Court of Appeal of South Africa establishes that complaints concerning a price cartel made by private persons may trigger a new course of action to be initiated by the Competition Commission and finds that the requirements for valid initiation and referral have been satisfied in the present case (Yara)

95

South Africa- Supreme Court of Appeal upholds Competition Commission appeal relating to investigatory powers* The Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment of the Competition Appeal Court invalidating a complaint referred to the Competition Tribunal (the “Tribunal”) (...)

John Oxenham The Competition Tribunal of South Africa approves a merger in the petrochemical and mining sector within four hours of receiving the Competition Commission’s recommendation (Stefanutti Stocks / Energotec)

175

South African Competition Tribunal approves merger in record time of 4 hours* The South African Competition Tribunal received notice of, heard and approved the acquisition by construction firm, Stefanutti Stocks (Pty) Ltd, of Energotec, which is a division of First Strut (Pty) Ltd, and (...)

John Oxenham The Competition Tribunal of South Africa confirms the second significant administrative penalty imposed on the national incumbent provider of fixed line telecommunication services for engaging in the practice of margin squeeze (Telkom)

87

South Africa: Telkom fined again…* South Africa’s Competition Tribunal had a busy week last week tasked with considering the proposed penalties for the various construction companies and also confirming the second significant administrative penalty on South Africa’s incumbent provider of fixed (...)

John Oxenham The South-African Constitutional Court upholds the appeal as regards certification of class actions for damages arising from a cartel violation and pronounces that the correct standard must determine if the institution of a class action would be in the interest of justice (Mukaddam / Pioneer Foods)

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South African Constitutional Court rules on appropriate test for class action relief for damages* ZA Constitutional Court broadens ambit of class-action relief As previously reported, the Supreme Court of Appeal (the “SCA”) handed down two judgments, in November 2012, in respect of the (...)

John Oxenham The South African Competition Tribunal approves unconditionally a merger on the market for hotel accommodation (Southern Sun Hotel Interests / The Cullinan Hotel)

13

Tsogo Merger Unconditionally Approved* Unconditional approval of SA hotel deal The Competition Tribunal of South Africa (“Tribunal”) has unconditionally approved the merger of Southern Sun Hotel Interests (Pty) Ltd (“Southern Sun Hotel Interests”), which is a subsidiary of Tsogo Sun Holdings (...)

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