The Competition Act And Merger Control

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.

Can Interest Exceed The Capital Amount?

Before the decision of the Supreme Court of Appeal in Paulsen v Slip Knot Investments (434/13) [2014] 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.

Business Rescue: Lapsing Of Board Resolution Not Automatic

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.

Good Neighbourliness: Storm Water In A Teacup

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.

Cybercrimes And Cybersecurity Bill: Are Your Downloads Legal?

If you are downloading anything from the Internet, you’d do well to check whether or not what you’re doing is legal – you actions may be prejudicial to the content owner.

Business Rescue Moratorium And Arbitration Proceedings

Section 133(1)(a) of the Companies Act 71 of 2008 (“the Act”) provides that no legal proceedings may commence or continue against a company during business rescue proceedings except with the written permission of the business rescue practitioner.