Competition and Regulatory Team of the Year: Bowman Gilfillan
Finalists: Aluko & Oyebode • Baker & McKenzie • Webber Wentzel • White & Case
November 20, 2014 at 07:59 AM
2 minute read
Finalists: Aluko & Oyebode • Baker & McKenzie • Webber Wentzel • White & Case
It was Bowman Gilfillan's victory in the high-profile case against manufacturer Cape Gate by South Africa's Competition Commission that handed Bowman Gilfillan the prize for Competition and Regulatory Team of the Year.
In 2009 the commission recommended that Bowman client Cape Gate and ArcelorMittal South Africa (AMSA) be fined 10% of their turnover for price fixing and allocating the steel market. The two companies sought to access the leniency application filed by the whistleblower – Scaw South Africa – which after many rounds of court battles ultimately culminated in the Supreme Court of Appeal issuing a landmark ruling in favour of Cape Gate and AMSA, ordering the commission to grant access to the leniency application and supporting documents.
The court's judgment will also pave the way for continued legal action as lawyers will now use the information they have access to in their defence against the commission's complaint referral.
Lucinda Verster, a partner at Bowman, explains: "The case is a clear win for our client, Cape Gate. It allows access to the leniency application filed by Scaw, with all its annexures. The reason Cape Gate will be allowed access is not because the document is not privileged, but because, on the facts of this case, the commission was found to have waived the privilege by referring to the leniency application in its referral papers.
"This case is also a win as it will allow Cape Gate to recover costs from the commission for all three sets of hearings, at the tribunal, the Competition Appeal Court and the Supreme Court of Appeal."
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