competition law (anti-trust), international trade and lobbying

The Competition & Trade Practice has been involved in a number of high profile cases including prohibited practice matters, defending of hostile mergers as well as securing approvals of a large number of domestic and international mergers. We have been involved in many of the publicised matters before the Competition Commission and Competition Tribunal (in the behavioural and merger areas of competition law).
The firm's clients include several large South African and international corporations. Bowman Gilfillan's Competition & Trade Practice has been one of the first firms in South Africa to involve specialist expert economic expertise in competition law analysis.

Selected examples of prominent matters in which the firm has been involved include:

merger control (including hostile takeovers)

• The team has handled mergers in many industries, including banking, healthcare, mining, motor vehicle, information technology and telecommunications, packaging, freight forwarding and logistics, arms, steel and scrap metal, horse racing, food and beverages, airline catering, security and commercial property. Bowman Gilfillan has represented clients in successfully securing clearance in opposed merger proceedings.

behavioural cases

• The firm is currently involved in almost all of the high profile behavioural cases before the competition authorities. We are representing a client in the packaging industry for alleged engagement in prohibited practices including price fixing.

• We are also involved in the Competition Commission's ongoing investigations into the ferrous and nonferrous scrap metal supply chain. We are currently advising an international airline in the Commission's separate investigations into the air cargo and passenger sectors, as well as firms in the Commission's investigations into the milk and bread sectors.

• Advising a firm in the competition complaint investigation in the mobile handset sector and in the complaint referred in the tobacco industry. We have initiated complaint proceedings which are ongoing for a firm in the security sector.

• Bowman Gilfillan represents the American Natural Soda Ash Corporation in its longstanding dispute with Botswana Ash. The matter has been on appeal to the Supreme Court of Appeal on two occasions and has resulted in a landmark decision confirming the right of appeal from the Competition Appeal Court to the Supreme Court of Appeal and dealing with the interpretation of the per se prohibition on price fixing.

• A member of our team was the lead attorney in the successful excessive pricing case brought by Harmony Gold and DRD against Mittal Steel. The landmark decision, the first of its kind in South Africa, was issued by the Competition Tribunal in March 2007.

• Advised General Motors in the Commission’s investigation into the motor vehicle sector, including advising General Motors on the implementation of a compliance programme required as part of the settlement agreement reached with the Competition Commission.

• Represented pharmaceutical manufacturers, Merck (MSD) and Pfizer, in separate complaints by wholesalers into the use by certain pharmaceutical manufacturers of exclusive distribution joint ventures.

• Advised clients in relation to the competition implications of conduct in a number of other African countries.

• Representing a major South African bank in relation to the Competition Commission’s enquiry into competition in the banking sector.

compliance

• The team is involved in ongoing and successful compliance programmes, including for a firm active in the beverage market and another in the industrial gas and allied sectors.

selected trade and regulatory matters

• Represented the Pharmaceutical Task Group (PTG), a broad alliance of multinational and local pharmaceutical firms, on its submissions to the department of health on the controversial new pricing regulations for medicines, including with regard to the implications in terms of the WTO TRIPS agreement. The PTG was established between Innovative Medicines of South Africa (IMSA), the South African Pharmaceutical Manufacturers Association and Adcock Ingram. Included in the grouping were some of the world’s largest pharmaceutical companies including Pfizer, Merck, GlaxoSmithKline, Novartis and Aventis.

• Represented IMSA before the Constitutional Court in making submissions as an amicus in litigation in terms of which pharmacists and wholesalers challenged the validity of the Government’s medicine and pricing regulations.

• Represented Abrafilme in an anti-dumping investigation into the alleged dumping of BOPP film from Brazil

• Represented Commercial Auto Glass in an anti-dumping investigation into the alleged dumping of toughened glass incorporated in vehicles from China and Molinos Rio de la Plata S.A in an anti-dumping investigation into the alleged dumping of sunflower oil from Argentina and Brazil.

• Represented Cape Gate in an expiry review of anti-dumping duties by the European Commission and Interwil in its successful judicial review challenge to the anti-dumping determination in respect of the importation of wooden doors from Indonesia.

• More generally, Bowman Gilfillan has advised clients on the customs valuation and liability for certain royalties.

• Advised a client on the trade law implications of the removal of an assembly plant from Botswana and its re-establishment in South Africa

• Represented the Swaziland government in a dispute concerning the threatened termination of its participation in the Generalised System of Preferences (GSP) and its potential disqualification from receiving benefits under AGOA. The US government eventually withdrew its threats and permitted Swaziland to continue to participate in both the GSP and AGOA.