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Neil MacKenzie, Partner

Neil MacKenzie

Partner Fasken
South Africa’s unique competition law and enforcement policy often creates an unfamiliar playing field for multinational firms. Guidance from local competition law experts with on-the-ground experience is therefore critical.
Jurisdiction South Africa, 2010
Language(s) English
Office(s) Johannesburg
Contact

Overview

Neil Mackenzie co-heads Fasken’s South African Competition Law practice. He has extensive experience advising local and international companies on all aspects of competition law strategy and compliance, including:

  • representing firms in conduct investigations by the Competition Commission and litigated cartel and abuse of dominance (monopolisation) cases before the Competition Tribunal and the Competition Appeal Court. Neil has advised clients in prohibited practice cases in the pharmaceuticals, steel, liquid fuels, cement, freight forwarding, construction, banking and technology industries.
  • advising clients in market inquiries by the Competition Commission, including inquiries into private healthcare, liquid petroleum gas, grocery retail and online intermediation platforms.
  • guiding firms through complex merger approval processes in South Africa and elsewhere in Africa, often working with instructing counsel in in Europe and the USA.  He has worked on transactions in numerous markets from technology, transport, mining, renewable energy, pharmaceuticals, liquor and crop protection, to insurance, chemicals, advertising, timber, steel, industrial gas, and infant milk formula,
  • advising on competition law and regulatory compliance issues, such as whether transactions require merger control approval, and the legality of business strategies that involve rebates, differential pricing policies, refusals to supply, exclusive dealing and distribution, and cooperation between competing firms.
Neil also has expertise advising clients in the pharmaceuticals, medical devices and energy sectors on application of the pricing and related sector regulations which govern those industries.
 

Clients state that Neil is "a fantastic technical lawyer", "an absolute pleasure to work within the merger control space", as well as "practically minded" and "very smart and responsive". He is considered by clients as "commercially astute and really in tune with his client's needs". Neil is acclaimed by clients as "an exceptional and brilliant lawyer", "extremely user-friendly and provides comprehensive, detailed advice" as well as having "the ability to explain complex matters to clients in an engaging fashion".

Chambers and Partners highlight’s Neil’s team for its "service delivery, accuracy of advice, attention to detail, responsiveness and fees" - “he has a diverse practice, with notable expertise representing clients during prohibited practices investigations and concerning merger control.”

Neil is also a sessional lecturer in competition law at the University of Johannesburg.

Achievements

  • Chambers and Partners, Chambers & Partners 2021 to 2023
  • Best Lawyers, Best Lawyers 2023
  • Next Generation Partner, Legal 500 2017 to 2022

Career & Education

Education

  • Post Graduate Diploma, Economics for Competition Law King's College London
  • LLM, Competition Law and Economics King's College London
  • Certificate, Competition Law University of Witwatersrand
  • LLB (with distinction) University of Witwatersrand
  • BA Hons (with distinction), Economics and Law Rhodes University

Memberships & Affiliations

  • Member Legal Practice Council of South Africa
  • Member Association of Competition Law Practitioners

Knowledge

Fasken Institute

News

Publications

Speaking Engagements

The Role of Intention in Predatory Pricing Cases: Media24 location location 15th Annual Competition Law, Policy and Economics Conference, Hosted by South African Competition Authorities and University of the Witwatersrand
Price Signalling and the South African Competition Act 10th Annual Competition Law, Policy and Economics Conference location location 10th Annual Competition Law, Policy and Economics Conference, Hosted by South African Competition Authorities and University of Cape Town, 2016
The Single Economic Entity Doctrine in South Africa and its Implications for Competition Policy 8th Annual Competition Law, Policy and Economics Conference, Hosted by South African Competition Authorities and University of Johannesburg location location 8th Annual Competition Law, Policy and Economics Conference, Hosted by South African Competition Authorities and University of Johannesburg

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