Category: Competition Appeal Court

Larger merger participation: Make representations?

Northam Platinum Holdings Ltd v Impala Platinum Holdings Ltd In considering participation in a larger merger when should CAC intervene and impose a rigid procedure on Tribunal? “[59] Let me emphasise: This Court should...

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Employment merger conditions: Specific to dismissals

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

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Implied retrospective effect: Back-pay included?

Saccawu v Massmart Holdings Ltd Implied retrospective effect not acceptable as a legal principle based on the authority of the Constitutional Court that if employees are reinstated they resume employment on the same terms and...

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