Conference 6 February 2015
AFRICA COMPETITION LAW Conference 6 February 2015 Programme 08h00 - 08h30 Registration and coffee 08h30 - 08h45 Welcome Jean Meijer, Partner, Bowman Gilfillan, South Africa 08h45 - 10h00 Multi-jurisdictional Merger Case Study: COMESA, Malawi, Kenya, Tanzania and South Africa This panel will deal with a case study of a merger in a concentrated market involving significant retrenchments. Panellists from various jurisdictions will be presented with a brief set of facts and will deal with (i) triggering merger obligations in their jurisdiction and consequences of failure to notify in practice; (ii) co-operation between national authorities and COMESA; (iii) remedying substantive competition concerns to avoid a prohibition; (iv) weighing up public interest considerations; (v) “hold-separate” arrangements to allow for closing the merger before decisions are granted in all jurisdictions. Moderator: Jean Meijer, Partner, Bowman Gilfillan, South Africa Panellists: • COMESA: Willard Mwemba, Head of Mergers, COMESA Competition Commission, Malawi • Malawi: Shabir Latif, Partner, Sacranie & Gow, Malawi • Kenya: Joyce Karanja-Ng’ang’a, Partner, Coulson Harney, Kenya • Tanzania: Alan Mlulla, Director of Research, Mergers and Advocacy, Fair Trade Commission, Tanzania • South Africa: Xolani Nyali, Bowman Gilfillan, South Africa 10h15 - 10h45 Tea break 10h45 - 12h00 Panel Discussion: The extent to which Competition Law can or should be used for industrial policy Moderator: Derek Lotter, Head of Competition, Bowman Gilfillan, South Africa Panellists: • George Lipimile, Director & CEO, COMESA Competition Commission • Norman Manoim, Chairperson, Competition Tribunal of South Africa • Thomas Janssens, Partner, Freshfields Bruckhaus Deringer, Brussels • Jeffrey Bookbinder, Partner, Bookbinder Business Law, Botswana • Siboniselizulu Maseko, Senior Analyst, Competition Commission, Swaziland • Maryanne Angumuthoo, Partner, Bowman Gilfillan, South Africa 12h00 - 13h00 Lunch 13h00 - 14h15 Due Process in Complaint Investigations: Kenya, Namibia, Tanzania, Swaziland and South Africa This panel will deal with: • what can trigger an investigation; • the general investigation process of authorities; • the authorities’ powers; • the rights of respondents; • legal privilege; • protection of confidential information; • possible outcomes of an investigation; • the manner in which decisions or reasons for decisions are issued Moderator: Gomolemo Kekesi, Partner, Bowman Gilfillan, South Africa Panellists: • Francis Wang’ombe Kariuki, Director-General, Competition Authority of Kenya • Nangosora Ashley Tjipitua, Corporate Secretary/ Legal Advisor, Namibian Competition Commission • Frederick Ringo, Director-General, Fair Competition Commission, Tanzania • Kenneth Mosta, Partner, Robertson & Bertram, Swaziland • Rudolph Labuschagne, Partner, Bowman Gilfillan, South Africa 14h15 - 15h30 Panel discussion: Corporate Leniency and Dawn-raids This panel will deal with cartel-busting and corporate leniency: • To what extent has corporate leniency been successful in South Africa • Trends towards adoption of corporate leniency in Africa • Will COMESA be a “one-stop leniency shop” and comparisons to the EU • Civil claims against corporate leniency applicants • Investigative powers in various jurisdictions • Practical examples of dawn raids in the EU, Zambia and South Africa Moderator: Claire Reidy, Partner, Bowman Gilfillan, South Africa Panellists: • Bridget Dundee, Senior Economist - Restrictive Business Practices, Namibian Competition Commission • Vincent Nkhomo, Manager of Enforcements, COMESA Competition Commission • Sydney Chisenga, Managing Partner, Corpus, Zambia • Juan Rodriguez, Partner, Sullivan & Cromwell, London • Dr. Mona El Garf, Chairperson, Egyptian Competition Authority • Lucinda Verster, Partner, Bowman Gilfillan, South Africa 15h30 - 15h45 Closing Remarks Derek Lotter, Partner and Head of Competition, Bowman Gilfillan, South Africa 15h45 Cocktails
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