Bowman Gilfillan is unique in South Africa in that it has the largest number of leading and internationally recognized competition lawyers in its practice. The practice group includes lawyers formerly employed by the regulator in South Africa and lawyers with practical experience in European competition law. As one of a handful of firms in South Africa that has a practice area dedicated to competition law, the team has unparalleled depth of experience and knowledge of most sectors of the South African economy.
Bowman Gilfillan is well known as a strategically perceptive and solutions orientated practice that offers clients quality, efficient, hands-on advice.
what the team does
Bowman Gilfillan is ranked in the first division of South African Competition/Antitrust firms in the Chambers Global Guide 2007/2008 (www.chambersandpartners.com). Bowman Gilfillan is ranked in the Global Competition Review Top 100 competition practices worldwide. The firm is also highly recommended as a competition practice by PLC Which Lawyer.
Areas of practice include:
appeals;
consent orders;
exemptions;
interim relief proceedings;
leniency applications;
merger control; and
prohibited practices.
The team also advises on the implications of commercial agreements, joint ventures and strategic alliances and on compliance programmes.
Lawyers from Bowman Gilfillan have been involved in many high-profile merger and behavioural competition cases before the competition authorities in South Africa. The members of the competition practice regularly contribute to publications and write articles on developing law (such as the Competition Law Sibergramme, the Handbook of Competition Enforcement Agencies, Cartel Regulation and Merger Control). Members of the practice group participate in the special committees on Competition Law of the Law Societies of the Cape and Northern Provinces.
international trade and lobbying
In the trade law area, the practice group provides comprehensive trade assistance and representation to local industries and enterprises, industry associations and governmental bodies, as well as to exporters from and importers into South Africa. The practice area 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 SACU Agreement.
Representation in anti-dumping and anti-subsidy (countervailing) investigations and safeguard measures are core areas of specialisation within the group. The trade group also advises 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.
The proposed merger of Tsogo Sun Holdings (Proprietary) Limited ("Tsogo") and Gold Reef Resorts Limited ("Gold Reef"). The merger is to be effected through the acquisition by Gold Reef of all the shares in Tsogo from Tsogo's two shareholders, SABSA Holdings (Proprietary) Limited and Tsogo Investment Holding Company (Proprietary) Limited, in exchange for the issue by Gold Reef of new shares to Tsogo's two shareholders, resulting in these two shareholders owning about 80% of the issued shares in Gold Reef (i.e. reverse take-over of Gold Reef)
On 27 November 2009 the governments of South Africa and Zimbabwe signed a Bilateral Agreement for the Promotion and Reciprocal Protection of Investments (BIPPA) in Harare.
In terms of the agreement’s preamble, the two countries entered into the agreement because they desire to create favourable conditions for greater investment by South African investors in Zimbabwe, and Zimbabwean investors in South Africa.
Bowman Gilfillan is involved in a continuous transformation process and in 2004 adapted a Transformation Charter. The Transformation Charter was revised in 2008 with recommendations for the next 3 years.
Bowman Gilfillan is proud to be one of the first large commercial firms to develop and implement a comprehensive pro bono policy. In accordance with this policy we pursue meritorious public-law cases and act for indigent clients in a number of ongoing matters. As a responsible corporate citizen, Bowman Gilfillan encourages its practitioners to seek to provide legal services to deserving organisations and individuals on a pro bono (free) basis. A number of pro bono matters have been taken on in a wide variety of fields, from education to healthcare and other social services and partnerships have been established with recognised public interest legal services providers such as the Legal Resources Centre and the Aids Law Project.
Bowman Gilfillan has also entered into an arrangement with CIDA City Campus, particularly in business subjects, in terms of which we prepare the lecture materials for, and present lectures to, their second year students. We also provide CIDA with legal advice. All of this is done free of any charge, as part of our social responsibility programme.
We are an independent corporate law firm with well established relationships with some of the leading law firms in the major financial centres of the world.
Bowman Gilfillan has formed an association with Coulson Harney Advocates, a corporate and commercial law firm in Kenya. The association provides Coulson Harney with a springboard for its involvement in legal advisory work around Africa.