DLA Piper successfully represents CIVH and Maziv in Competition Appeal Court merger proceedings for Vodacom/Maziv merger

DLA Piper has represented Community Investment Ventures Holdings Proprietary Limited (CIVH) and its subsidiary, Maziv Proprietary Limited (Maziv), before South Africa's Competition Appeal Court (CAC), conditionally securing approval for the proposed ZAR14 billion merger involving Vodacom Proprietary Limited (Vodacom) and Maziv. On 15 August, the CAC conditionally approved the merger, overturning the Competition Tribunal’s earlier decision to prohibit the deal.

The approval comes after a highly complex and contested competition merger proceedings involving extensive regulatory scrutiny and complex economic and public interest assessments. The merger was notified in 2021 and was opposed by the South African Competition Commission and various third parties. After hearing 26 days of evidence the Competition Tribunal prohibited the deal in October 2024. Subsequently, the prohibition was appealed before the CAC.

The CAC’s decision marks a significant step forward in advancing South Africa’s roll-out of broadband infrastructure in previously underserved areas. The merger remains subject to final regulatory clearance from the Independent Communications Authority of South Africa (ICASA).

A team from DLA Piper's Johannesburg office worked on the matter led by Janine Simpson, director in the Lit&Reg practice and head of competition in South Africa. She was supported by director Werner Rysbergen (Lit&Reg) and senior associate Dharshini Naidoo. Corporate director Marita van der Walt is advising CIVH and Maziv on transactional aspects of the deal supported by director Nada Lourens (Corporate).

Janine Simpson, director, commented: “We are very proud to have acted for CIVH and Maziv in successfully overturning the tribunal ruling and obtaining conditional approval for the deal. This outcome reflects a thoughtful balance of public interest objectives and regulatory oversight, paving the way for enhanced fibre infrastructure roll-out in support of South Africa's connectivity goals."