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John Oxenham

Partner

Cell: 083 233 0484

Tell: 011 083 2412

John has practiced in the regulatory, commercial and antitrust fields locally and across the African region for over 20 years. He has been recognised as a leader in his field for many of these. John represented Business at the OECD as the first regional representative. John has acted in many of the leading antitrust, commercial litigation and regulatory matters in South Africa and the region. He has been a partner in a major South African firm, co-founder of a South African practice and the founder of a Pan-African legal group. John has consistently been recognised as a “Best Lawyer in South Africa”, serves as the “Global Law Expert for Competition Law in South Africa” and is also recognised as the “Who’s Who Legal Thought Leaders in Asset Recovery.”

Significant Matters

  • Representing Conservatorium/Centerbridge in civil proceedings in South Africa following the Steinhoff share price collapse (in what was the largest civil claim instituted in South Africa).
  • Obtained merger approval from the Nigeria Federal Competition and Consumer Protection Commission in relation to Providence Equity Partner’s proposed acquisition of Marlink.
  • Representing a fibre company in relation to several proceedings before the South African competition authorities.
  • Advising a client in relation to the Judicial Commission of Inquiry into State Capture in South Africa.
  • Successfully advised Premier FMCG in obtaining merger approval in relation to its acquisition of Mr Sweet from Lodestone brands in South Africa, Eswatini, Namibia and Botswana.
  • Representing Takata Corporation before the Competition Tribunal in relation to price fixing and market allocation complaint referrals.
  • Assisted an international non-profit organisation repatriate funds from following fraudulent wire transfers.
  • Assisted Eris Properties with project development advice in Nigeria, Kenya, Malawi and South Africa.
  • Advising parties before the current Judicial Commission of Inquiry headed by Judge Raymond Zondo into allegations of State Capture.
  • Advised Premier FMCG in obtaining merger approval in Swaziland re its acquisition of Swazi Mahewu.
  • Assisting a major international airline in relation to its regulatory and competition affairs across Africa including an exemption application.
  • Assisted a chemicals company in relation to competition law matters in Ethiopia.
  • Assisted a major automotive OEM in relation to various commercial and regulatory matters in Southern Africa.
  • Advised the Pharmaceutical Research and Manufacturers of America and Innovative Pharmaceutical Association South Africa on litigation in relation to various litigation brought by SECTION 27.
  • Advising Premier Foods in the precedent setting fist ever class action damages litigation for cartel conduct before the Supreme Court of Appeal, the Constitutional Court, the North Gauteng High Court and the Western Cape High Court, following Premier Foods Limited obtaining the first ever final immunity from prosecution in the much-publicised bread cartel (thus avoiding any antitrust administrative penalty) and the ongoing civil damages litigation.
  • Successfully advised Nu Metro Filmed Entertainment (Pty) Ltd, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc., Warner Bros Entertainment Inc. Videovision Entertainment (Pty) Ltd and Universal Studios before the Cape High Court and Supreme Court of Appeal in relation to infringement of licensing rights.
  • Advised Monsanto Inc in relation to its litigation against a local SA firm in relation to conflict-of-interest allegations before the Gauteng High Court and Supreme Court of Appeal.
  • Advising in relation to the South African Reserve Bank (and other agencies) investigation and prosecution of the largest money laundering scheme in South Africa’s history.
  • Acting in complex competition litigation before the competition authorities in relation to the LPG sector.
  • Assisting international clients in relation to the Competition Commission’s investigation into the LPG sector, automotive parts sector, milling industry, the oil & gas sector and motion picture industry.
  • Successfully advised Google Inc in relation to an abuse of dominance complaint before the SA competition authorities.
  • Successfully represented Ethos/Brait/Premier FMCG and Losestone in large merger proceedings following Premier’s acquisition of the confectionary business (“Mister Sweet”) from Lodestone Brands (the transaction was notified in South Africa, Eswatini, Namibia and Botswana).  A significant component of the South African merger review was dedicated to the assessment of the public interest criteria before the South African Commission and Tribunal.
  • Successfully represented Golar LNG Limited in merger control proceedings before the Cameroon and CEMAC competition agencies.
  • Successfully advised on aspects of the acquisition before the Lusophone authorities.
  • Advised Samsung Electronics Company Ltd in the disposal of its printer business to Hewlett-Packard (HP) Inc.
  • Currently advising a major international airline on its regulatory and competition affairs across Africa.
  • Currently advising clients in relation to the South African competition authorities’ investigation into the Auto parts sector.
  • Advising clients in relation to the Competition Commission investigation into the LPG sector.
  • Representing Oryx Energies before the Competition Tribunal in relation to the cylinder deposit investigation.
  • Advised the Internet Solutions Providers Association of South Africa (ISPA) in successfully opposing the much publicised and aborted merger between Telkom and Business Connection (BCX), South Africa’s largest IT company.
  • Advising Pick n Pay Limited in relation to the Competition Commission’s high-profile investigation into the retail grocery sector.
  • Advised in relation to the abuse of dominance complaint against the incumbent telecommunications provider, Telkom.
  • Successfully advised Google Inc in relation to an abuse of dominance complaint before the SA competition authorities.
  • Advised a petroleum client in relation to the investigation and referral by the Commission of the Bitumen cartel.
  • Advised in relation to the Commission’s investigation of alleged abuse of dominance in the beer sector.
  • Advised an air cargo client in relation to price fixing on fuel surcharges and cargo rates.
  • Advised in relation to the investigation and referral of international freight forwarders.
  • Advised Premier Foods and Brait Limited in relation to the acquisition of Brait of a controlling interest in Premier Foods.
  • Acting on behalf of both parties in the acquisition by Premier Bakeries (Pty) Ltd of the Wheat and Maize Milling Division of Ngwane Mills (Pty) Ltd.
  • Representing Eli Lily Animal Health Elanco in relation to the acquisition of Novartis Animal Health before the South African competition authorities in relation to the long-steel sector regarding price fixing allegations.
  • Advised Robert Bosch GMBH in relation to the acquisition of 50% of Hytec Holdings (Pty) Ltd before the South African, Namibian and COMESA authorities.
  • Advised Premier Foods in relation to the successful acquisitions of the Star Bakeries (Pty) Ltd in the Eastern Cape and Lil-Lets.
  • Advised Mahle Gmbh and Behr Gmbh in relation to the acquisition of control by Mahle in Behr.
  • Advised in relation to the acquisition by Robert Bosch Gmbh of 50% of the Shares in BSH Bosch Und Siemens Haisgerate Hmbh (“BSH”) and 100% of the Shares in Siemens-Electrogerate before the South African authorities.
  • Acting for Premier Group in the acquisition of biscuits and sugar confectionary business of Kraft Foods South Africa.
  • Advised Dis-Chem in relation to the successful acquisition of the CJ Williams Pharmaceutical Wholesale Business.
  • Advised the Saltzman Trust in respect of the acquisition of Capensis Investments 193 (Pty) Ltd, Billingsleg Properties (Pty) Ltd and Ossington Properties (Pty) Ltd.
  • Advised H&R in relation to allegations of an abuse of dominance in the petroleum jelly sector.
  • Advised Cargolux in relation to the SA Commission’s air cargo investigation.
  • Advising in relation to ongoing investigation into the bran and offal sectors.
  • Advising in relation to distribution and manufacturing arrangements in the FMCG sector.
  • Currently providing ongoing antitrust advice in relation to clients in the automotive and automotive component parts sector.
  • Successfully provided ongoing antitrust advice in relation to clients in the pharmaceutical sector.
  • Successfully advised in relation to ongoing antitrust litigation in the agricultural sector.
  • Successfully advised on the Competition Commission investigations into the milling industry; bran and offal sector; the oil & gas sector; motion picture sector; air cargo sector and the construction sector ad in relation to ongoing antitrust litigation in the agricultural sector.
  • Successfully advised Monsanto & Company in relation to the USD 66 billion acquisition by Bayer ATKG before the South African agencies.
  • Successfully represented Eli Lily Animal Health Elanco in relation to the acquisition of Novartis Animal Health before the South African competition authorities.
  • Advised Comcast in relation to regional antitrust issues during its bid for 20th Century Fox.
  • Successfully advised both Samsung Electronics Company Limited and Harman International Industries Incorporated in obtaining unconditional clearance of the large merger before the South African competition authorities.
  • Successfully advised Merck & Co. and Sanofi-Aventis SA in relation to their much-publicised animal health joint venture.
  • Advised Verizon Business in relation to the disposal of its South African business to MTN Limited.
  • Advised Anglo American in relation to the sale of Anglo’s zinc assets to Vedanta Plc.
  • Represented Allergan Plc in the much-publicised proposed acquisition of Allergan by Pfizer Incorporated.