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Competition is a healthy part of growing business. However, what happens when a merger puts a market at risk by threatening that competition? Ramsay Webber looks at the Act, and how it affects and protects competition.
Before the decision of the Supreme Court of Appeal in Paulsen v Slip Knot Investments (434/13)  ZASCA, there was uncertainty on whether the in duplum rule applied only to default interest, being interest accrued on a capital amount which has fallen due for payment but has not been paid, or whether it also applied to interest accrued on capital which has not yet become payable. The Supreme Court removed this uncertainty by finding that the in duplum rule applies in both cases.
The effect of business rescue proceedings is that a temporary moratorium is placed on the rights of all persons to claim against the company, during which time the affairs of the company are restructured through the development of a business rescue plan the purpose of which is to allow for the continuation of the business on a solvent basis, or where that is not possible, a better outcome for the company’s creditors and shareholders than would otherwise have occurred if the business were liquidated.
Neighbourly disputes – whether over noisy parties, leaves falling onto the other’s property or even more trivial matters – are generally petty in nature and may be overcome with a good, neighbourly chat.
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