Ahmore Burger-Smidt

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Head of Regulatory

Location: Johannesburg

Tel: +27 11 535 8462

Fax: +27 11 535 8762

Email: aburgersmidt@werksmans.com

ABOUT

Ahmore Burger-Smidt, renowned in her field for her deep experience is the Head of our Regulatory practice and a Director in the Competition and Telecommunications, Media and Technology practice areas. She extensively advises local and international clients on all aspects of regulatory compliance. She regularly undertakes compliance audits and oversees the implementation of compliance programmes including policy formulation and roll-out.

Ahmore has been involved in the field of competition law since the inception of the new South African Competition Act and she has played a leading role in the drafting of the rules of the Competition Commission, Competition Tribunal and development of competition law jurisprudence in South Africa through her involvement in a number of high profile cases, in respect of mergers, exemptions and behavioural / litigation matters.

Ahmore has been a Director at Werksmans since 2011, she became a member of the International Association of Data Privacy Professionals in 2017. Amongst her numerous publications and editorial contributions, she most recently co-authored a textbook on Data Protection Law and Practice by LexisNexis.

Twitter: @ABurgerSmidt

Years of Experience: 30 years

  • Competition
  • Digital Media & Electronic Communications
  • Regulatory
  • Ahmore is a leading data privacy and regulatory lawyer in South Africa and is the Head of the Regulatory Practice group, she is also the principle driver of the Werksmans risk assessment and e-Learning tools as well as the co-leader of the Werksmans Dawn Raid Team.
  • She has acted as advisor for several major telecommunications clients and has extensive regulatory expertise in compliance with numerous pieces of legislation.
  • She has experience across a wide range of sectors including automotive, construction, freight, information technology, insurance, mining, pharmaceuticals, property, steel, sugar, telecommunications, transport, agri-business, banking, beverages, chemicals, construction, FMCG, gambling, healthcare, printing, private equity and retail. She also formerly served as Deputy Commissioner at the South African Competition Commission. She has vast experience in managing the South African aspects of multi-jurisdictional mergers.
  • Acted as Kerry Ingredients and Season to Season Flavour Manufacturing lead competition law advisor in all aspects relating to the acquisition by Kerry Ingredients of the entire issued share capital of Season to Season.
  • Advisor to the second largest mobile network operator in South Africa and Africa.
  • Advisor to the largest ISP in South Africa and Africa.
  • Advises on all aspects of the regulation of telecommunications, including fixed, mobile, internet services, e-commerce, OTT services and data privacy.
  • Acted as Beijer Ref SA's competition law advisor relating to its acquisition of the TecsaReco business operated by Tecsa (Pty) Ltd.
  • Acted as Southern Palace Group of Companies (Pty) Ltd's ("SPG")  lead competition law advisor in all aspects relating to the acquisition by SPG of Murray & Roberts Limited's Infrastructure and Buildings Platform business in South Africa, Botswana and Namibia.
  • Acted as the lead competition law advisor to Lenmed Health (Pty) Ltd, Cold Creek Investments 22 (Pty) Ltd and Matlosana Medical Health Services (Pty) Ltd ("MMHS") in all aspects relating to the acquisition by Lenmed of 100% of the issued share the ordinary issued shares in Cold Creek and MMHS (through Cold Creek).
  • Acted as the lead competition law advisor to Fairvest Property Holdings Ltd in all aspects relating to a transaction in terms of which the property assets of Fairvest and Arrowhead Properties Ltd would be combined. This deal was nominated for Dealmakers Deal of the Year 2021.
  • Provided regulatory advice with specific regard to the Competition Act in 25 countries to MTN Group Ltd.
  • Acted as the lead competition law advisor to Hosken Consolidated Investments Ltd in obtaining merger approval in a hostile takeover of Zamani Market and Management Consultants Proprietary Limited and Ithuba Holdings (RF) (Pty) Ltd.
  • Provided regulatory advice to MTN Group Ltd in relation to a managed services agreement with Liquid MNS with specific regard to the Competition Act, 1998 and the Electronic Communications and Transactions Act, 2002 as well as commercial drafting.
  • Acted as the lead competition law advisor to Bidvest Bank Ltd and Eqstra Investment Holdings (Pty) Ltd in the proposed ultimate acquisition by Bidvest Bank of 100% of the issued share capital of Eqstra Investment Holdings (Pty) Ltd.
  • Acted as the lead competition law advisor Botshilu Holdings (Pty) Ltd in obtaining merger approval for the acquisition of Botshilu Private Hospital (Pty) Ltd and Botshilo Properties (Pty) Ltd by Botshilu Holdings.
  • Acted as the lead competition law advisor to Berkshire Partners LLC on its proposed indirect acquisition of Teraco Data Environments (Pty) Ltd.
  • Acted as the lead competition law advisor to Karan Beef (Pty) Ltd and Karan Beef Feedlot in respect of its acquisition of the business and properties of SK Caine Farming, Caine Farming (Pty) Ltd and Triple A Meat (Pty) Ltd.
  • Reading towards LLD (Data Privacy)
  • CIPP/E (Certified International Privacy professional), 2018
  • 2017: Member of the International Association of Data Privacy Professionals 
  • 2011 - Current: Director, Werksmans Advisory Services (Pty) Ltd
  • MBL, University of South Africa, 2003
  • Admitted as an Advocate, 1992
  • LLB, North-West University, 1991
  • BCom, North-West University, 1988
  • Euromoney Women in Business Law Expert Guide 2022 | Leading Female Practitioner in Competition | Leading Female Practitioner in Data Protection and Cybercrime
  • Ahmore Burger Smidt | GDR - Women in Data 2022
  • Certified Information Privacy Professional/Europe (CIPP/E)
  • Head Enforcement and Exemptions Division of the South African Competition Commission and Deputy Commissioner;
  • Convenor, speaker and participant at local and international conferences and seminars on competition law and data privacy;
  • Worked at the following international Competition Authorities: ACCC (Australia), Office of Fair Trading (UK), Department of Justice (US) and Federal Trade Commission (US);
  • Assisted clients in a number of International jurisdictions inter alia Namibia, Swaziland, Botswana, Zambia, Cameroon, Ivory Coast, Nigeria, Ghana, Tanzania Poland and Morocco in relation to various regulatory matters, as well as the following regional blocks:
    • CEMAC; 
    • WAEMU;
    • ECOWAS; and
    • COMESA
  • Ranked lawyer (Band 4) by Chambers Global | 2017, 2019 – 2022 | Competition/Antitrust
  • Ranked as a recommended lawyer by Legal 500 | 2012, 2016, 2017 - 2022 | Competition
  • Advises various South African and international clients on various aspects of data privacy including amongst others –
    • Data Privacy and whistleblowing
    • cross border personal information transfers ‒
    • Compliance with POPIA ‒
    • Compliance with the GDPR
  • Ahmore has extensive experience in criminal law and has appeared before the Magistrates, Regional and High Court in relation to white collar crime prosecutions including fraud and corruption. Prior to joining the Competition Commission, she served as an Advocate with the Office for Serious Economic Offences – Department of Justice.
  • Ahmore was responsible for competition merger notifications in transaction nominated for the DealMakers' Private Equity Deal of the Year award, including the winning transaction Ethos Private Equity's disposal of Plumblink (Pty) Ltd to Bidvest Ltd and the nominated transaction between Fairvest Property Holdings Limited and Arrowhead Properties Limited.

Authorships

  • OneTrust DataGuidance | Madagascar, 2022
  • Co-author: Data Protection Law and Practice, LexisNexis, 2022  2nd edition
  • Co-author: Email Marketing Consent and Disclosures (South Africa), Thomson Reuters, 2021
  • Co-author: Email Marketing Compliance: South Africa, Thomson Reuters, 2021
  • Co-author: A Commentary on the Protection of Personal Information Act, LexisNexis, 2018;
  • Published several articles on the application of competition law in local and foreign journals;
  • Published several articles on data privacy.