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2010
South Africa
By Alastair Morphet
The United Kingdom Supreme Court's judgment in Tower MCashback LLP1 v HMRC was reported in the latest Simon's Tax Cases.
The Department of Trade and Industry (dti) embarked on a review of the consumer legislative framework that culminated in a draft green paper on consumer policy in September 2004. The policy seeks to promote a coherent and consistent framework for the regulation of consumer "business interaction". The first draft of the Consumer Protection Bill was published for information and comment on 15 March 2006.
By Preeta Bhagattjee
The Cryptography Regulations issued in terms of the Electronic Communications and Transaction Act of 2002 (ECT Act), which came into effect on 10 March 2006, have not clarified the uncertainty over whether or not users of cryptography software would also be considered cryptography providers and should be registered as such.
By Liesl Kruger
Asset management services performed by a resident in a different jurisdiction to the recipient of the services gives rise to potential transfer pricing implications that should be borne in mind.
By David Thompson
In 2005, the Competition Tribunal approved the large merger of the respective canning businesses of Langeberg (part of Tiger Brands) and Ashton Canning, subject to certain conditions.
By Mondo Ntlha
The Competition Appeal Court (CAC) recently reversed the Competition Tribunal's decision to conditionally approve the merger between Momentum Group Limited (Momentum) and African Life Health (ALH), in which Momentum acquired the entire share capital of ALH.
By Chris Charter
In February 2006, the Competition Tribunal effectively put paid to the proposed merger of the country's largest producer of refined fuels (Sasol) with the owner of the largest network for the retail of those products (Engen).
By Natalie Browne
A recent interim relief order of the Competition Tribunal has raised concerns in relation to restraints of trade. The order was given in the context of a 10 year restraint given by Nedschroef in favour of Teamcor and CBC Fasteners.
By Mondo Ntlha
Recently, the Competition Appeal Court (CAC) reversed the decision of the Competition Tribunal in the matter of Nationwide Poles CC and Sasol Oil (Pty) Ltd.
By Jean Meijer
The South African competition authorities have recently had cause to consider two hostile takeovers. The first was the attempted hostile takeover of Gold Fields by Harmony; the second, the takeover of Johnnic by HCI.
An Act of Parliament or contractual agreement often prescribes that a person or entity operating in a particular industry must become a member of a regulatory body. The reasons may vary from protecting consumers to preventing unfair advantage. As a result, a duty to act impartially is being imposed on more and more people entrusted with adjudicative functions as arbitrators or quasi-arbitrators of regulatory bodies.
By Nick Altini
A case of alleged abuse of dominance recently came before the Competition Tribunal. South African Airways (SAA) stood accused of abusing its dominant position in one market (the market for air tickets sold through travel agents for domestic scheduled airline flights) to exclude competitors from a second market (the market of scheduled domestic airline flights).
By Owen Barrow
The Retirement Fund Reform Discussion Paper issued by the National Treasury in December 2004 elicited suggestions from a wide range of institutions and people. There were a number of excellent suggestions put forward and it is to be hoped that many of them will be incorporated into the draft Bill, which is now eagerly awaited.
Proprietors of liquor businesses should take heed of a recent decision of the Supreme Court of Appeal reported in the case of Hitler Adolf Klokow v Michael Boyton Sullivan.
In the recent decision of Navy Two CC (the CC) v Industrial Zone Limited (Industrial), the rule barring a person who is not a legal practitioner from representing a corporate entity came under judicial scrutiny. The sole-member of a close corporation was refused audience by the High Court, resulting in an appeal to the Supreme Court of Appeal (SCA).
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