Tag: Competition Act 89 of 1998

Determining causal link: Merger and dismissals

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...

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Ignoring material facts: Fronting and B-BBEE Act

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]...

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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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Demarcation scope explained: Award MIBCO and MEIBC

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,...

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