Tag: Competition

Restraint agreement enforced: Potential impending harm

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Unreasonable restraint enforcement: Protecting proprietary interest?

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General body of information: Proving proprietary interest?

Avis Southern Africa (Pty) Ltd v Porteous When does restraint agreement survive business transfer and how is general body of information determined for purposes of affording protection? “[99] I am mindful of the fact that...

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Protectable interests confirmed: Restraint and unfair competition

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

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Restraint agreement enforced: 24 months reasonable

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Unreasonable restraint altered: Lesser restrictions imposed

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Unenforceable unwritten restraint: Stifling competition?

Crazy Splash Swim School (Pty) Ltd v TN Is it against public policy to stifle competition and does that mean that even an unwritten restraint is unenforceable? “[66] Overall, the restraint provision the applicant seeks in...

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Public policy considered: Restraint undertaking breached

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Freedom to trade accepted: Restraint refused

Pilog Data (Pty) Ltd v Glencore Global Business Centre (Pty) Ltd How do courts balance the rights of employers and former employees if it is accepted that freedom to trade should be allowed? “[59] The freedom of trade...

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Restraint agreement disputed: Intellectual property?

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Employing municipal managers: Renew or extend contract?

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