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Nicola Taljaard

Associate | Cape Town

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Contact

T: +27 21 480 7810

E: Nicola.Taljaard@bowmanslaw.com

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Overview

Nicola specializes in competition and white-collar crime law. Since the commencement of her legal career, she has played a vital role in various competition law and anti-corruption matters spanning several African jurisdictions.  

Her hands-on approach has allowed her to take the lead junior role in respect of many corporate leniency applications, multi-jurisdictional merger filings and prohibited practice complaints. She has also had the opportunity to engage with interested parties and form part of the team representing stakeholders before the competition authorities in respect of market inquiries and sector-specific guidelines.

She is also a regular contributor to various competition and trade law publications, and her work has been featured on Lloyds List Intelligence and Concurrence. In addition to her writings, Nicola has hosted several competition law webinars together with private practitioners and regulators.

Experience

  • Representing clients before the South African competition authorities in relation to their investigation into the automotive parts sector;
  • Drafting and submitting several requests for information in relation to a merger intervention application in the telecommunications industry;
  • Completing merger filings in South Africa, Morocco, Nigeria, Zimbabwe and COMESA in the agricultural, plastics, logistics, satellite and telecommunications markets, which included drafting and submitting merger filing forms, corresponding with clients and competition authorities and negotiating commitments with the South African Competition Commission.
  • Key transactions are outlined in more detail below:
    • Providing advice to and obtaining unconditional merger control approval to an acquiring firm in the energy, natural resources and manufacturing industry, as its local counsel in relation to its acquisition of the target firm in South Africa. Deal value ZAR. 86.8 billion.
    • Drafting and submitting merger filing forms before the South African Competition Commission on behalf of acquirer and target firms in the satellite communications market. Deal value ZAR 3.1 billion.
    • Drafting, submitting and obtaining unconditional merger control approval before the competition authorities of Morocco, Zimbabwe and South Africa on behalf of the acquirer and target firms in the relevant agricultural market. Deal value ZAR 375 million.
    • Drafting, submitting and obtaining unconditional merger control approval from the South African Competition Commission on behalf of the acquirer and target firms in the relevant technology and communications markets. Deal value c.ZAR 61 million.
    • Drafting, submitting and obtaining unconditional merger control approval before the competition authorities of Nigeria, COMESA and South Africa on behalf of the acquirer and target firms in the relevant plastics market. Deal value c.ZAR 14 million.
  • Drafting competitive trading terms for multinational companies in the pharmaceutical and FMCG sectors;
  • Drafting several memoranda pertaining to the South African competition authorities’ interpretation of public interest requirements and the imposition of conditions;
  • Representing a multinational company in the FMCG sector in making representations in respect of the South African Competition Commission’s Fresh Produce Market Inquiry;
  • Representing Oryx Energies before the South African Competition Commission and Tribunal in relation to the Commission’s cylinder deposit investigation, which resulted in the Tribunal dismissing the Commission’s case against our client;
  • Drafting a compliance policy in relation to a virtual data room in anticipation of a proposed large merger;
  • Drafting information exchange compliance policies for several multinational clients;
  • Representing an association in making submissions to the South African Competition Commission’s draft Public Interest Guidelines (see also article below).
  • Took the junior lead in advising on, drafting and submitting a marker and corporate leniency application for two respective large multinational companies following alleged cartel conduct. The process involved conducting thorough internal investigations, responding to requests for information by the South African Competition Commission and negotiating conditional immunity agreements;
  • Took the junior lead in completing requests for information following allegations of exclusionary conduct premised in intellectual property rights by a major player in the FMCG sector, which resulted in non-referral of the complaint;
  • Took the junior lead in completing requests for information following allegations of unjustifiable anti-competitive conduct and failure to adhere to the automotive aftermarket guidelines by an OEM;
  • Took the junior lead in drafting and negotiating an exemption application to the South African Competition Commission for a multinational client in the energy sector;
  • Took the junior lead in drafting and defending a consent agreement in relation to the South African competition authorities’ investigation into certain practices in the golf industry;
  • Took the junior lead in advising a client on combatting widespread extortion in the FMCG sector, which required a strategic approach including engagement with government and private sector stakeholders, a media strategy, two successful counterapplications to an urgent interdict and a subsequent successful final interdict application;
  • Representing high-profile individuals in relation to the South African State Capture Commission of Inquiry;
  • Taking the junior lead in advising a foreign whistleblower in respect of the potential disclosure of information to South African authorities. Value of data c.ZAR 13 billion;
  • Took the junior lead in advising a foreign financial institution on the risks and possible safeguards in commencing a transaction with a South African state-owned entity. Transaction value c.ZAR 100 million.

AREA OF EXPERTISE

Competition

Qualifications

  • LLB and LLM (cum laude) University of Stellenbosch

Overview

Nicola specializes in competition and white-collar crime law. Since the commencement of her legal career, she has played a vital role in various competition law and anti-corruption matters spanning several African jurisdictions.  

Her hands-on approach has allowed her to take the lead junior role in respect of many corporate leniency applications, multi-jurisdictional merger filings and prohibited practice complaints. She has also had the opportunity to engage with interested parties and form part of the team representing stakeholders before the competition authorities in respect of market inquiries and sector-specific guidelines.

She is also a regular contributor to various competition and trade law publications, and her work has been featured on Lloyds List Intelligence and Concurrence. In addition to her writings, Nicola has hosted several competition law webinars together with private practitioners and regulators.

Experience

  • Representing clients before the South African competition authorities in relation to their investigation into the automotive parts sector;
  • Drafting and submitting several requests for information in relation to a merger intervention application in the telecommunications industry;
  • Completing merger filings in South Africa, Morocco, Nigeria, Zimbabwe and COMESA in the agricultural, plastics, logistics, satellite and telecommunications markets, which included drafting and submitting merger filing forms, corresponding with clients and competition authorities and negotiating commitments with the South African Competition Commission.
  • Key transactions are outlined in more detail below:
    • Providing advice to and obtaining unconditional merger control approval to an acquiring firm in the energy, natural resources and manufacturing industry, as its local counsel in relation to its acquisition of the target firm in South Africa. Deal value ZAR. 86.8 billion.
    • Drafting and submitting merger filing forms before the South African Competition Commission on behalf of acquirer and target firms in the satellite communications market. Deal value ZAR 3.1 billion.
    • Drafting, submitting and obtaining unconditional merger control approval before the competition authorities of Morocco, Zimbabwe and South Africa on behalf of the acquirer and target firms in the relevant agricultural market. Deal value ZAR 375 million.
    • Drafting, submitting and obtaining unconditional merger control approval from the South African Competition Commission on behalf of the acquirer and target firms in the relevant technology and communications markets. Deal value c.ZAR 61 million.
    • Drafting, submitting and obtaining unconditional merger control approval before the competition authorities of Nigeria, COMESA and South Africa on behalf of the acquirer and target firms in the relevant plastics market. Deal value c.ZAR 14 million.
  • Drafting competitive trading terms for multinational companies in the pharmaceutical and FMCG sectors;
  • Drafting several memoranda pertaining to the South African competition authorities’ interpretation of public interest requirements and the imposition of conditions;
  • Representing a multinational company in the FMCG sector in making representations in respect of the South African Competition Commission’s Fresh Produce Market Inquiry;
  • Representing Oryx Energies before the South African Competition Commission and Tribunal in relation to the Commission’s cylinder deposit investigation, which resulted in the Tribunal dismissing the Commission’s case against our client;
  • Drafting a compliance policy in relation to a virtual data room in anticipation of a proposed large merger;
  • Drafting information exchange compliance policies for several multinational clients;
  • Representing an association in making submissions to the South African Competition Commission’s draft Public Interest Guidelines (see also article below).
  • Took the junior lead in advising on, drafting and submitting a marker and corporate leniency application for two respective large multinational companies following alleged cartel conduct. The process involved conducting thorough internal investigations, responding to requests for information by the South African Competition Commission and negotiating conditional immunity agreements;
  • Took the junior lead in completing requests for information following allegations of exclusionary conduct premised in intellectual property rights by a major player in the FMCG sector, which resulted in non-referral of the complaint;
  • Took the junior lead in completing requests for information following allegations of unjustifiable anti-competitive conduct and failure to adhere to the automotive aftermarket guidelines by an OEM;
  • Took the junior lead in drafting and negotiating an exemption application to the South African Competition Commission for a multinational client in the energy sector;
  • Took the junior lead in drafting and defending a consent agreement in relation to the South African competition authorities’ investigation into certain practices in the golf industry;
  • Took the junior lead in advising a client on combatting widespread extortion in the FMCG sector, which required a strategic approach including engagement with government and private sector stakeholders, a media strategy, two successful counterapplications to an urgent interdict and a subsequent successful final interdict application;
  • Representing high-profile individuals in relation to the South African State Capture Commission of Inquiry;
  • Taking the junior lead in advising a foreign whistleblower in respect of the potential disclosure of information to South African authorities. Value of data c.ZAR 13 billion;
  • Took the junior lead in advising a foreign financial institution on the risks and possible safeguards in commencing a transaction with a South African state-owned entity. Transaction value c.ZAR 100 million.

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