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.

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.

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.

With the festive season fast approaching, the rush to find last minute accommodation will cause many to turn to South Africa's R1 billion Airbnb market.

In the recent yet unreported case in the Johannesburg High Court of Impala Platinum vs. KLM and another, a consignor of certain valuable goods instituted action against an airline as the carrier of the goods for the payment of a substantial amount being the alleged value of the goods which were lost en route to a foreign destination.

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).

The Competition Tribunal has recently considered the question of whether or not an anti-competitive merger can be saved on grounds that a firm is controlled by previously disadvantaged individuals, one of the 'public interest' grounds the tribunal is enjoined to consider in terms of Competition Act.

The South African competition authorities have recently had cause to consider two hostile takeovers. The first was the attempted hostile takeover of Gold Fields by Harmony; the second, the takeover of Johnnic by HCI.

South Africa has a comprehensive web of labour legislation designed to protect employees and to afford a measure of security of tenure. The Labour Relations Act (LRA) provides, under section 197, that employees' contracts of employment must be transferred from the seller of a business to the purchaser of that business.

The Companies Amendment Bill published in South Africa in July 2005, came as a surprise to those patiently waiting for the much-anticipated overhaul of the Companies Act.

In the recent decision of Navy Two CC (the CC) v Industrial Zone Limited (Industrial), the rule barring a person who is not a legal practitioner from representing a corporate entity came under judicial scrutiny. The sole-member of a close corporation was refused audience by the High Court, resulting in an appeal to the Supreme Court of Appeal (SCA).

Section 123 of the Companies Act No 71 of 2008 (Companies Act) triggers the requirement to make a mandatory offer to purchase the remaining securities in a regulated company in specific circumstances

It is firmly established in our law that both the terms and enforcement of a contract must not offend public policy, a matrix of rules articulating society's values and sense of propriety.

The Employment Equity Act 55 of 1998 (EEA) was established to achieve equity in the workplace through the elimination of unfair discrimination and the implementation of affirmative action measures.

An Act of Parliament or contractual agreement often prescribes that a person or entity operating in a particular industry must become a member of a regulatory body. The reasons may vary from protecting consumers to preventing unfair advantage. As a result, a duty to act impartially is being imposed on more and more people entrusted with adjudicative functions as arbitrators or quasi-arbitrators of regulatory bodies.

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general.

The Retirement Fund Reform Discussion Paper issued by the National Treasury in December 2004 elicited suggestions from a wide range of institutions and people. There were a number of excellent suggestions put forward and it is to be hoped that many of them will be incorporated into the draft Bill, which is now eagerly awaited.

Judge Brand, in the case of South African Forestry Co Ltd v York Timbers Ltd 2005 (3) SA 323 (SCA) stated that "… fairness and justice, like beauty, often lie in the eye of the beholder".

South Africa's Employment Services Amendment Bill is set to open for public submissions in September 2026, with a closing date expected in early November. Employers of foreign nationals face potential regulatory changes and should begin preparing their submissions immediately to meet the anticipated deadline.

This is an attempt by parties to cater to instances where the breach of a contract. i.e. non-performance, is caused by circumstances beyond the control of the parties.