Legal service: Competition and antitrust The Constitutional Court recently handed down judgments in two competition law matters on Tuesday 26 June 2012

In a recent decision the Constitutional Court ("CC") overturned the judgment of the Supreme Court of Appeal ("SCA") in the matter between Mr Mankayi and AngloGold Ashanti Limited (AngloGold).

The Minister of Finance Mr Pravin Gordhan delivered South Africa’s much anticipated 2012 Budget speech to Parliament this afternoon.

The Companies Act 71 of 2008 ("New Companies Act") became part of our law on 8 April 2009 and is intended to be the modern corporate law for the modern corporate South Africa.

Could a South African company successfully recover a penalty and other associated costs it suffers following a finding of contravention of the Competition Act from those directors or management who were involved in the anti-competitive conduct?

Contractors and Employers alike both tend to assume that banks and insurers who issue guarantees are experts who understand the consequences of the terminology that they employ in drafting guarantees.

The Companies Act 71 of 2008 (Act) came into force on 1 May 2011 and with this, the dawn of a new era for corporate SA has arrived. The Act constitutes a major overhaul of many aspects of corporate law, such as new rules governing corporate finance, new business rescue provisions and a new statutory merger mechanism.

Despite a recent decision of the Supreme Court of Appeal, exchange control approval will still be required in respect of the assignment of intellectual property to a non-resident.

The draft Companies Amendment Bill ('Bill') has been released by the Department of Trade and Industry on its website, but as at the date hereof, the final version of the Bill has not been published in the Government Gazette.

Being dominant is not a problem. It is the abuse of a dominant position that is forbidden by the Competition Act. This note deals with the possibility of firms inadvertently finding themselves in a dominant position and reminds us of the obligations of a dominant firm.

On 24 February 2012, the Department of Energy ("the Department") published the Regulations on the Mandatory Provision of Energy Data ("the Regulations"), under section 19(1) of the National Energy Act, 34 of 2008 ("the Act").

Acting on the recommendation of the Pricing Committee, the Minister of Health has proposed the amendment of the Regulations Relating to the Transparent Pricing System for Medicines and Scheduled Substances.

The problems facing the South African maize industry illustrate the difficulties in balancing economic efficiency with the development objectives of the Competition Act.

Can an employer use its operational requirements to dismiss employees for misconduct?

In any penalty regime, it is said that the most important consideration is deterrence. After weighing up the likely gains from the prohibited conduct and the probability of being caught and successfully prosecuted, it must not make commercial sense for a firm to engage in the prohibited conduct.

This article examines the incentives motivating whistleblowers when tipping off the competition authorities about cartel conduct.

Contraventions of section 4(1)(b) of the Competition Act are not capable of justification. This creates problems when advising clients in situations where infringement appears technical: no harm or inefficiency results from the conduct and there are rational explanations. This article describes this problem in more detail and proposes solutions.

This article examines the elements of 'cartel conduct' in light of the Competition Tribunal's decision in Competition Commission / Pioneer Foods.

The Recognition of Customary Marriages Act 120 of 1998 ("The Recognition Act") came into force on 15 November 2000.

On 1 December 2011 the Constitutional Court (the Court) handed down judgment in City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties39 (Pty) Ltd and Another ("Blue Moonlight").