Competition Act 89 of 1998 Archives

Determining causal link: Merger and dismissals

by GilesFiles | Apr 17, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission Determining causal link between retrenching and rehiring at lower salaries and whether it breached condition of merger? “[73] On the issue of the alleged...

Ignoring material facts: Fronting and B-BBEE Act

by GilesFiles | Oct 24, 2023 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

M Schutte Contractors CC v Broad-based Black Economic Empowerment Commission When will High Court interfere in management of business enterprises and what happens if commission is found to be ignoring material facts? “[90]...

Larger merger participation: Make representations?

by GilesFiles | Sep 5, 2022 | Allowed, Appeals, Appeals - leave, Causes and defences, Competition Appeal Court, Costs, Courts, Declaratory, Dennis Davis, Insights, Judges, Legal Practice, Legislation, Markets in SA, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Retired judges, Sectors, Statutory, Topics | 0 |

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...

Employment merger conditions: Specific to dismissals

by GilesFiles | Jun 17, 2022 | Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Competition Appeal Court, Consumer protection, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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...

Implied retrospective effect: Back-pay included?

by GilesFiles | Jul 7, 2020 | Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Competition Appeal Court, Conduct & capability, Courts, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Reinstatement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade, Trade unions | 0 |

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...

Avoiding job losses: Merger of mines approved

by GilesFiles | May 17, 2019 | Competition Appeal Court, Competition Tribunal, Courts, Dennis Davis, Judges, Parties, philosophy / economics, Sectors, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Notifiability of merger: Different forms of control

by GilesFiles | Feb 1, 2019 | 2019, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Judges, Legal Practice, Orders, philosophy / economics, Sectors, Topics | 0 |

Competition Commission of SA v Hosken Consolidated Investments Ltd Notifiability of merger and exhaustive analysis of competition law and various procedural issues, including declaratory orders and whether or not disputes are...

Demarcation scope explained: Award MIBCO and MEIBC

by GilesFiles | Nov 29, 2018 | 2018, André van Niekerk, Bargaining councils, Collective Bargain (LRL 5), Courts, Demarcations, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, Motor industry, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Competition Act 89 of 1998