The South African economy has faced significant headwinds and continues to be constrained by sky-high interest and unemployment rates, power grid constraints and political uncertainty. Despite these and many other challenges, South African businesses find a way to...
Jac Marais
EFFECTIVE RESTRAINTS OF TRADE AND THE ADDED PROTECTION OFFERED BY A PENALTY CLAUSE
It has been said that “restraints of trade are not worth the paper they are written on”. This is far from the truth as many employees have learnt, the hard way. Not only are valid restraints of trade enforceable, but they are also enforced regularly by the Courts. The...
Constitutional Court declares that former President Jacob Zuma is not qualified to stand for election, to the National Assembly
On Monday, 20 May 2024, the Constitutional Court held that former President Jacob Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for purposes of section 47(1)(e) of the Constitution. Accordingly, it declared that Mr Zuma is not...
Adams and Adams is pleased with another good outcome for Intercape
In a judgement delivered on Tuesday 10 January, Judge John Smith dismissed Transport Minister Fikile Mbalula’s appeal against a court order compelling him and Eastern Cape MEC for Transport, Xolile Edmund Nqatha, to develop a comprehensive action plan to stop attacks...
OIPMI – 18 MONTHS ON
The Competition Commission (“Commission”) launched its market inquiry into online intermediation platforms (“OIPMI / the Inquiry”) on the 19th of May 2021. We previously set out what this may mean for your business as well as a brief analysis of the Commission’s...
Power coupled with Duty, the Intercape story
Courts are not designed to govern. That is the government’s job, involving budget allocations and tough choices, sometimes between life and death. The distribution of powers between the legislature, the executive and the judiciary create a carefully crafted balance,...
The Competition Commission & OIPMI – Full Steam Ahead
On the 19th of May 2021, the South African Competition Commission (“Commission”) formally initiated a market inquiry into the online intermediation platform market (“OIPMI”) in terms of Section 43B(i)(a) of the Competition Act, 89 of 1998 (“the Act”). The Commission...
Adams & Adams welcomes first female chairperson and further members of the management committee
As we commemorated International Women’s Day on 8 March celebrating the social, economic and cultural achievements of women, Adams & Adams is pleased to announce that Kelly Thompson has been named as the first female chairperson of the firm in its 113-year...
Adams & Adams named South African IP Law Firm of the Year – Best Lawyers®
Best Lawyers®, a highly respected legal profession peer review publication recently announced their Best Lawyers® list for 2021 acknowledging outstanding global firms and lawyers. In the latest edition, Adams & Adams scooped the top spot for Law Firm of the Year,...
Guidelines on the Enforcement of Buyer Power Regulations
Companies now have further clarity on the enforcement of competition law, particularly regarding the Competition Act’s price discrimination and buyer power provisions. The Competition Commission (“Commission”) recently published guidelines on how the ‘Buyer Power’...
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