10 November 2008

Restriction of Potential Competition and Covenants in Restraint of Trade

This article seeks to explore the extent to which the developing South African competition law affects restraints of trade in commercial agreements. A brief summary of legal precedent to date reveals an evolving paradigm, from a formalistic application of the per se prohibition against market division towards a more policy-orientated approach based on characterisation of the nature and import of the agreement giving rise to the restraint.

The information and material published on this website is provided for general purposes only and does not constitute legal advice.

We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter.

We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Please refer to the full terms and conditions on the website.

Copyright © 2022 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com