Articles
Bringing you regular news and insights from a legal perspective from the DML team. Features from each of our five-pillar legal areas and expertise.
Joint Ventures and Competition Law – do JVs require merger notification?
Joint ventures (JVs) are not defined in the Competition 89 of 1998 however, general principles of competition regulation are applied in determining whether the formation or expansion of a JV constitutes a notifiable transaction. It should be noted that even if the JV does not, in the parties’ assessment or the assessment of the Commission, the parties conduct may still be subject to the Competition Act and must ensure that they do not fall foul of its provisions, for example, by engaging in prohibited practices (sections 4, 5, 8 and 9).
Consistency is key: Restraints of Trade and the Pitfall of Selective Enforcement – A review of Altron Nexus (Pty) Ltd v Maurice Fowler and MST Critical Communications (Pty) Ltd
Accordingly, and in the event that an employer does apply a policy of selective enforcement of restraints of trade in its operations, it must, at the very least, be able to provide cogent, persuasive and reasonable justification for such a policy failing which its prospects of success in restraints-based litigation will be significantly diminished.
What is EPR? Sorting Through the Waste Regulations
Although it is clear that at this early stage, many market participants do not take EPR, the EPR Regulations, nor their enforcement seriously, and although ignoring the implications thereof may seem a tenable and attractive option, the Department has indicated that such an attitude will not go unpunished and will result in severe consequences further down the line.
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