Durban is still the dominant container port in Sub-Saharan Africa, but its status as the gateway into Africa is under threat from rivals.
Continue readingSouth Africa: Consequences are severe if employers ignore allegations of sexual harassment
South African law is quite progressive in its firm stance against sexual harassment. Employers cannot afford to ignore allegations.
Continue readingSouth Africa: Tax on voluntary severance packages
The definition of a “severance benefit” in the Income Tax Act deals with amounts paid on retrenchment of an employee.
Continue readingSouth Africa: Healthtech could make headway in fixing broken healthcare
Some parts of SA healthcare are a regulatory minefield for players in the health technology (healthtech) industry.
Continue readingSouth Africa: Learning from Asia’s success with logistics corridors
Ways African economies can replicate Asia’s logistics corridor models. Insight on infrastructure law and cross‑border trade.
Continue readingSouth Africa: Proposed Guidelines on Penalties for Failure to Notify a Merger—Some Predictability, Some Uncertainty
On February 17, 2017, the South African Competition Commission (“Commission”) published “Draft Guidelines for the Determination of Administrative Penalties for Failure to Notify a Merger and Implementation of Mergers Contrary to the Competition Act” (the “Guidelines”). The Commission published the Guidelines in response to the identification of a number of cases of failure to notify mergers and implementation of mergers contrary to Chapter 3 of the Competition No. 89 of 1998 (as amended) (the “Act”) and to the Competition Tribunal (“Tribunal”) calling upon the Commission to formulate guidelines in this regard. The proposed Guidelines attempt to provide an approach for determining penalties in instances where parties have failed to notify a merger or have implemented a merger prior to receiving approval from the competition authorities. The Act requires that intermediate and large mergers be notified to the Commission and such mergers may not be implemented until they are approved, with or without conditions, by the competition authorities.
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