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  • Article

    What´s Good For The Goose - Extra-Territorial Application of The Sarbanes – Oxley Act

    The Sarbanes-Oxley Act of 2002 (SOX) was hurriedly passed by the United States Congress in reaction to the spate of <I>fin de siècle</I> accounting scandals that blighted the US corporate landscape.
    South AfricaAccounting and Audit
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Are Restraints of Trade Anti-Competitive?

    A recent interim relief order of the Competition Tribunal has raised concerns in relation to restraints of trade. The order was given in the context of a 10 year restraint given by Nedschroef in favour of Teamcor and CBC Fasteners.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Competition Commission Proposes Revised Notification Thresholds For Small Mergers

    The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Landmark Price Discrimination Case Overturned by The Competition Appeal Court

    Recently, the Competition Appeal Court (CAC) reversed the decision of the Competition Tribunal in the matter of Nationwide Poles CC and Sasol Oil (Pty) Ltd.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Driving A Hard Bargain – A Case of Applying Economic Pressure to an Agreement

    The Supreme Court of Appeal recently examined the distinction to be drawn between agreements concluded as a consequence of normal and acceptable economic bargaining on the one hand, and unconscionable and unlawful duress on the other hand.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Rescuing Your Business From Your Business Rescue Practitioner

    In an effort to salvage your business, you resolve to place it into business rescue and proceed to appoint an appropriate business rescue practitioner (BRP).
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Can An Employer Take Disciplinary Action For Misconduct During The Festive Season?

    Something about the festive season creates a ‘buzz' of excitement. More often than not, it is this ‘buzz' which makes the festive season that much more memorable.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    A Liquidator´s Allegiance: To a Settlement Agreement or to the Law?

    Company A owed rent to Company B and a large amount of unpaid tax to the South African Revenue Service (SARS). A was liquidated but had no assets because an associated company C had taken over its assets without paying for them.
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Cliffe Dekker Reviews the Proposed Amendments to the Patents Act

    There is a worldwide movement afoot to acknowledge and protect indigenous biological and genetic resources as well as traditional knowledge and traditional use of such resources peculiar to the indigenous people of particular countries.
    South AfricaIntellectual Property
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Great Privacy Bake-Off

    Throw into the mixing bowl: The burgeoning sophistication of radical terror groups; Moore's law (the number of transistors in a dense integrated circuit doubles about every two years);
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Maintaining Healthy Competition in The Health Care Sector

    The Competition Appeal Court (CAC) recently reversed the Competition Tribunal's decision to conditionally approve the merger between Momentum Group Limited (Momentum) and African Life Health (ALH), in which Momentum acquired the entire share capital of ALH.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Sexual Offences Epidemic: How Is The Law Assisting?

    It is undeniable that South Africa is in the midst of a sexual offences epidemic. The recent national crime statistics reflect that 52,420 sexual offences occurred in 2019...
    South AfricaCriminal Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Case For A Multidimension Life

    An experienced attorney at one of South Africa's Big Five law firms reflects on a pivotal conversation during her early career that shaped her perspective on balancing professional success with personal life. The discussion with her reporting director during her articles period left a lasting impression about navigating the demands of a legal career alongside family commitments.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The end of Outsourcing as we Know it?

    Section 197 of the Labour Relations Act (the Act) regulates the employment law consequences of a transfer of the whole or part of a business as a going concern.
    South AfricaStrategy
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Law Imminent to Ensure Non-Residents Pay Capital Gains Tax

    An impending amendment to the revenue laws could cause a purchaser of immovable property to pay up to 10% of the purchase price by way of tax on behalf of a seller, plus penalties.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Capital Allowances On Software

    The United Kingdom Supreme Court's judgment in Tower MCashback LLP1 v HMRC was reported in the latest Simon's Tax Cases.
    United KingdomTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Seeing the Wood for the Trees – A Vertical Approach to Merger Assessment

    In the early days of merger review, competition authorities were generally less concerned with the vertical impact of mergers than with the consolidation of market power on a horizontal level.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Beware The Bogeyman

    The macro-economic rationale that lies at the heart of black economic empowerment (BEE) is to address the widespread disparities of ownership of productive assets, participation in the economy and skewed social welfare by means of state intervention.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Telecoms Regulations: Big Steps Forward – One Step Back

    Since the Minister of Communications removed certain statutory restrictions imposed on value added network service licensees (Vans) in September 2004, the industry eagerly anticipated 1 February 2005. This was the effective date for the removal of the restrictions and the opening of the sector to greater competition, with attendant benefits of lower telecommunications service costs and wider consumer choice.
    South AfricaMedia, Telecoms, IT, Entertainment
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Competition Tribunal Explores Exclusionary Acts

    A case of alleged abuse of dominance recently came before the Competition Tribunal. South African Airways (SAA) stood accused of abusing its dominant position in one market (the market for air tickets sold through travel agents for domestic scheduled airline flights) to exclude competitors from a second market (the market of scheduled domestic airline flights).
    South AfricaTransport
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr

Showing 21–40 of 118 results

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