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

We are known for providing strategically perceptive and solutions orientated competition law advice.

overview

Bowman Gilfillan is one of South Africa's leading competition law firms. The firm has a number of well-known and internationally recognised lawyers in its competition law practice group with significant depth of experience in, and knowledge of, most sectors of the South African economy.

The practice group boasts 25 experienced lawyers (9 partners and 16 other fee-earners). Some were formerly employed by the Competition Commission and others have trained in European competition law practices.

The firm has been at the forefront of development in competition law since inception of the Competition Act in 1989. We provide a full range of competition law services including: merger control, cartels, abuse of dominance, other restrictive practices and advising on other regulatory legislation which effects the regulation of pricing and competition.

Members of the practice group are regular contributors to local and international competition law publications. 

Members of the practice group also participate in the special committees on Competition Law of the Law Societies of the Cape and Northern Provinces. Read more about Bowman Gilfillan competition law and trade services.

rankings and recommendations

• The Global Competition Review Top 100 (2010) competition law practices worldwide ranked the practice group as "ELITE"
• The International Who's Who of Competition Lawyers and Economists (2010) lists 3 of our practice group members, Derek Lotter, Jean Meijer and Robert Legh
• Our practice group is ranked in the first division of South African competition (anti-trust) firms in The Chambers Global Guide (yearbook 2010)

"This outstanding department has lately undergone significant growth and now numbers seven partners. The group has established a strong reputation, attracting Nestlé, Murray & Roberts, British Airways and others to its client roster. Sources state that the 'quality of the work is of a very high standard, while billing rates compare very favourably with those of European firms'."

Jean Meijer rated as Band 1 "excellent practitioner and great team leader"
Derek Lotter rated as Band 2 "determined and impressive style"
Rob Legh rated as Band 2 "an expert in the field"
Veronica Cadman rated as "up and coming"

• The practice group is also rated as a "leading" firm in South African competition (anti-trust) law by PLC (Practice Law Company) Which Lawyer (yearbook 2010).
  
  Leading lawyers identified by PLC:
  
  Jean Meijer
  Derek Lotter
  Rob Legh
  Lulama Mtanga

our services

The practice group offers a wide range of services to clients, these include:

Merger control
We have 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, food and beverages, asphalt, security and commercial property. We have also succeeded in obtaining merger clearances in opposed merger proceedings.

Behavioural work
We are involved in almost all of the high-profile behavioural cases before the competition authorities which relate to cartels, abuse of dominance and other prohibited practices, interim relief proceedings, appeals, exemptions, leniency applications and consent orders.

Advisory work
We advise on a range of competition law issues including the implications of commercial agreements, joint ventures and strategic alliances.

Compliance
We are involved in numerous ongoing and successful compliance programmes and policies. We have also developed an online competition law training and reporting solution called Salt™ (Self Administered Legal Training). This was developed in conjunction with Blake Dawson Technology of Australia and is aimed at providing online competition law training to employees in multiple locations or in large companies.

Legislation
We have been actively involved in advising clients on legislative changes contained in the Competition Amendment Act and preparing a possible challenge to the constitutionality of certain provisions of the Competition Amendment Act.

our clients and recent matters

Merger control
We have handled mergers for a number of clients including:

• Bidvest: Merger approval for acquisition of Pretoria Wholesale Stationers
• Murray & Roberts: Prepared merger notification in respect of proposed merger between Much Asphalt and Gauteng Asphalt
• WPP Group: Merger approval for proposed hostile takeover by WPP of Taylor Nelson Sofres
• Naspers: Merger approval for proposed acquisition of Korbitec by MIH
• Philip Morris: Merger approval obtained for acquisition of Swedish Match

Behavioural work
We have been involved in many behavioural cases for clients including:

• Sasol: Preparing leniency applications, preparing a defence against the competition authorities in relation to allegations of collusion, preparing advice in consent order proceedings with the competition authorities
• Cape Gate: Advising in relation to alleged cartel activity before the competition authorities
• Murray & Roberts: Advising in relation to alleged cartel activity before the competition authorities
• Pretoria Portland Cement: Providing advice following a dawn raid investigation by the Competition Commission and preparing a successful leniency application
• Foodcorp: Preparing successful leniency applications  and assisting in relation to alleged cartel activity before the competition authorities
• Nestlé: Advising in relation to alleged cartel activity before the competition authorities
• Standard Bank: Advising on the implications of the findings of the Banking Enquiry
• SABMiller: Advising in litigation regarding the use of appointed distributors in exclusive territories

• Merck / MSD
• British Airways
• Netstar
• Anglo Platinum

• Murray & Roberts
• Sasol
• Cape Gate
• Anglo Platinum
• BHP Billiton
• Illovo Sugar

Trade law
The practice group also provides comprehensive trade law advice and representation to local industries and enterprises, industry associations and governmental bodies, as well as to exporters from and importers into South Africa.

We have advised various sectors including steel, motor vehicles, beverages, paper, tobacco, automotive glass, agricultural, packaging, armaments and plastics. The unit is focused on South African trade law as regulated by South Africa's international obligations, including those emanating from the World Trade Organisation (WTO), the International Trade Administration Act and the South African Customs Union Agreement.

Representation in anti-dumping and anti-subsidy (countervailing) investigations and safeguard measures are core areas of specialisation within the group. We also advise on key trade issues of rules of origin, customs, classification and valuation of goods. Since South Africa's bilateral and multilateral trade relations are numerous and complex, advice also extends to all preferential trade arrangements such as the SADC, SACU and the EU/SA trade agreements, as well as autonomous arrangements such as the Generalised System of Preferences, AGOA and the Cotonou Agreement.

Recent matters of the competition & trade practice group have included advising:

• a South African exporter of steel in an anti-dumping investigation brought by the Russian Ministry of Trade
• an association of exporters in an anti-dumping investigation into the alleged dumping of BOPP film from Brazil
• an importer in an anti-dumping investigation into the alleged dumping    of toughened glass for incorporation in vehicles from the People's Republic of China
• an Argentinean exporter in an anti-dumping investigation into the alleged dumping of sunflower oil from Argentina and Brazil
• a related party in an anti-dumping investigation regarding certain manganese dioxides exported by its customer to the EU
• multinational clients on South African export controls in relation to armaments
• an Australian exporter in making application for a rebate of customs duties
• a broad alliance of multinational and local pharmaceutical firms on its sub-missions to the Department of Health on the controversial pricing regulations for medicines with regard to the implications in terms of the WTO TRIPs Agreement

the team

Partners
VERONICA CADMAN
Tel: +27 11 669 9428

IONA DHLADHLA
Tel: +27 11 669 9326

TAMARA DINI
Tel: +27 21 480 7910

RUDOLPH LABUSCHAGNE
Tel: +27 21 480 4908

ROBERT LEGH
Tel: +27 11 669 9352

DEREK LOTTER
Tel: +27 11 669 9357

JEAN MEIJER
Tel: +27 11 669 9384

LULAMA MTANGA
Tel: +27 11 669 9371

CLAIRE REIDY
Tel: +27 11 669 9547

Senior associates
MARYANNE ANGUMUTHOO
Tel: +27 11 669 9395

GUILLERMO ERASMUS
Tel: +27 11 669 9409

CHRIS GREEN
Tel: +27 11 669 9460

GOMOLEMO KEKESI
Tel: +27 11 669 9360

DANIELA MARIOTTI
Tel: +27 11 669 9446

TSAKANI MHLANGA
Tel: +27 11 669 9452

AMELIA VUKEYA MOTSEPE
Tel: +27 11 669 9368

OMESHNEE PILLAY
Tel: +27 11 669 9482

NADISHA SINGH
Tel: +27 21 480 4862

LUCINDA VERSTER
Tel: +27 11 669 9422

PAULA YOUENS
Tel: +27 21 480 4909

Associates
NOMBULELO BEAUCHAMP
Tel: +27 11 669 9501

ANN BONIWELL
Tel: +27 11 669 9430

FRANCI HEUNIS
Tel: +27 11 669 9499

S'FUNDISENI MAQUBELA
Tel: +27 11 669 9554

FARAI RAZANO
Tel: +27 11 669 9495

View our team member profiles in full

Contact details

Johannesburg
165 West Street
Sandton
Johannesburg

PO Box 785812
Sandton
2146
South Africa

Tel: +27 (0)11 669 9000
Fax: +27 (0)11 669 9001
info@bowman.co.za

Cape Town
SA Reserve Bank Building
60 St Georges Mall
Cape Town

PO Box 248
Cape Town
8000
South Africa

Tel: +27 (0)21 480 7800
Fax: +27 (0)21 424 1688
cpt_info@bowman.co.za

Contact Bowman Gilfillan with your specific queries in regard to competition and trade.


In association with Coulson Harney:
Unit A
Nairobi Business Park
Ngong Road

PO Box 10643-00100
Nairobi
Kenya

Tel: + 254 (0)20 386 1686
Fax: + 254 (0)20 386 1687
ch@coulsonharney.com

Contact Colson Harney with your specific queries relating to competition and trade.