When the ship is sinking, does merger control worry about employees?

When a ship is sinking, the priority is to patch up the hull and make it operational again. Similarly, in competition law, mergers involving financially distressed firms must be carefully assessed...

Voetstoots, but not fancy-free

Many suppliers take comfort in selling goods on an “ as is ” or voetstoots basis, particularly where the goods are second hand. However, a recent judgment of the Johannesburg High...

“The law is an ass” – Void dispositions and restitution

The Supreme Court of Appeal (SCA) has recently delivered an important judgment on the operation of section 341(2) of the Companies Act 61 of 1973 (Act), as read with item 9 of Schedule...