The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold. Shareholders are bound by the decisions of the board of directors as enacted through its resolutions. In principle, the rights which accrue from the ownership of […]

Cohen GrootboomCommercial LitigationCompetition LawDispute ResolutionLitigation

Time for a competition Health Check

The recent raid by the Competition Commission on prominent players in the insurance industry serves as a wake-up call for companies to ensure that their affairs are in order. One way to do so is through a competition health check whereby an independent attorney conducts an assessment to establish whether your company’s policies and practices […]

Commercial LitigationCompetition LawLitigationMia de Jager

A step closer to more affordable school uniforms

Parents and students are gearing up for the new school year. This is an expensive exercise – especially for those in need of first-time or new school uniforms. However, the Competition Commission – through its investigation into the pricing of school uniforms and subsequent stakeholder engagements – are hopefully bringing some much-needed relief for parents. […]

Commercial LitigationCompetition LawMia de JagerNjabulo Mazibuko

Competition Commission Moves Toward Compulsory Small Merger Notification If Requirements Are Met

The Competition Commission (the “Commission”) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the Commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets. Due to the […]

Commercial LawCommercial LitigationCompetition Law

Guidelines on the Enforcement of Buyer Power Regulations

Companies now have further clarity on the enforcement of competition law, particularly regarding the Competition Act’s price discrimination and buyer power provisions. The Competition Commission (“Commission”) recently published guidelines on how the ‘Buyer Power’ regulations will be enforced. The Buyer Power regulations – essentially aimed at levelling the playing field for companies – will assist […]

Commercial LitigationCompetition LawJac Marais

Excessive pricing and COVID-19

Whilst many of us scramble to survive and limit the financial harm where possible, others opportunistic individuals and companies are trying to cash in on the panic by taking advantage of the public.

Commercial LitigationCompetition Law

A Competitor’s Guide to COVID-19

Individuals, corporations and the economy have all fallen victim to the devastating impact of COVID-19 (“the coronavirus”). However, the recent regulations published by the Minister of Trade, Industry and Competition, Minister Patel, intends to bring some relief to the economy in its bid to fight the pandemic.

Commercial LitigationCompetition LawJac Marais

A Competitor’s Guide to COVID-19 – Comprehensive Analysis

Despite lockdowns and various preventative measures being taken by numerous jurisdictions around the globe, the devastating impact of COVID-19 (“the coronavirus”) continues at a startling pace. Locally, the pandemic will highlight the inequality amongst the different classes of South Africans.

Commercial LitigationCompetition LawKameel Pancham