competition law (anti-trust), international trade and lobbying

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COMPETITION LAW SIBERGRAMME MARCH 2010 - BY ROBERT LEGH FROM BOWMAN GILFILLAN AND JULIETTE THIRSK FROM SIBER INK
Tuesday, June 15, 2010
In the recent decision of Competition Commission v Telkom [2009] ZASCA 155,1 the Supreme Court of Appeal (“the SCA”) dealt with the application of section 3(1A)(a) of the Competition Act 89 of 1998 (“the Act”), which confers concurrent jurisdiction on the competition authorities (the Competition Commission, the Competition Tribunal and the Competition Appeal Court) and various sector regulators.

NOT KNOWING IS NO EXCUSE: THE BENEFITS OF A COMPETITION LAW COMPLIANCE PROGRAMME
Wednesday, March 17, 2010
Many large, well-known South African companies have been engaged in cartel behaviour over the last few years. This has resulted in the competition authorities imposing financial penalties (a penalty may be up to 10% if the company’s annual turnover in South Africa and its exports from South Africa during the company’s preceding financial year) in the sum of many millions of Rands upon cartel participants.

CONSUMER PROTECTION ACT AND LEASES - BY FRANS VAN HOOGSTRATEN
Tuesday, November 10, 2009
The Consumer Protection Act 2008 (“the Act”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President. Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010.

CREDITORS MUST ACT TIMEOUSLY WHEN EXERCISING THEIR RIGHTS - BY KEVIN ILES
Tuesday, November 10, 2009
Avoidance orders are unfamiliar territory to most business entities; yet, applied timeously, they are a critical tool in the creditor armoury...

THE IMPACT OF COMPETITION LAW CHANGES/DEVELOPMENTS (INCLUDING THE PRACTICES AND POLICIES OF THE COMMISSION/TRIBUNAL) ON M&A ACTIVITY BY LULAMA MTANGA
Friday, April 17, 2009
The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application

BIG BUSINESS BEWARE – THE CLASS AND DERIVATIVE ACTIONS ARE COMING! BY CARL STEIN
Friday, April 17, 2009
The trend over the past decade in the USA, and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative.

CORPORATE LENIENCY - SEEKING REFUGE FROM THE CONSEQUENCES OF CARTEL ACTIVITY BY OMESHNEE PILLAY
Friday, April 17, 2009
Cartels are, in essence, agreements between competitors not to engage in competition with each other. Indeed, cartel activity, which involves price fixing, market allocation and collusive tendering, is seen as the most serious of competition law contraventions by competition authorities globally.

UNCONSTITUTIONALITY OF THE COMPETITION AMENDMENT BILL BY ANDREW SMITH AND EMMYLOU WEWEGE
Thursday, April 16, 2009
It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds.

COMPETITION AUTHORITIES ADOPTING AN INCREASINGLY TOUGHER STANCE BY NICOLETTE MUDALY
Thursday, April 16, 2009
The competition authorities are sending out a strong message to firms; one warning that anti-competitive behaviour will not be tolerated and that, if such actions continue, severe penalties will ensue.

MERGER CONTROL: A CASE OF FORM OVER SUBSTANCE BY DANIELA MARIOTTI
Monday, September 01, 2008
Striking the right balance between regulation and the creation of a merger- friendly environment can be and, indeed, frequently is tricky.

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