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The revised final Public Interest Guidelines – a merger analysis

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The South African Competition Commission has published its final revised Public Interest Guidelines relating to merger control. The guidelines serve to clarify the commission’s stance on public interest factors as set out in the Competition Act 89 of 1998 (as amended).

South Africa’s initial step to establish an AI policy & regulatory...

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At the AI Government Summit on 5 April 2024, the Department of Communications and Digital Technologies (DCDT) launched South Africa’s Artificial Intelligence (AI) Planning Discussion Document with the purpose of the discussion document being to initiate discussion between the public and private sector to facilitate AI innovation. 

Large fines show FSCA is focusing on leaving the FATF grey...

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Gone are the days of box-ticking. The Financial Sector Conduct Authority (FSCA) has recently imposed administrative sanctions on two financial services providers (FSPs), in each case for failing to comply with certain provisions of the Financial Intelligence Centre Act (FICA). 

Online brand protection – best practices for brand owners

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Online shopping is prevalent due to the ease and convenience with which consumers can purchase goods or services. Consumer decisions to purchase branded goods or services range from the repute of the brand and whether there is an event taking place which is endorsed by or associated with the brand for example a major sporting event, to customer reviews.

The importance of placing the transcript of the arbitration proceedings

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On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings.

Consequences of employees misrepresenting their qualifications

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Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

AI gaining traction in farming

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Adding value one industry at a time, artificial intelligence (AI) is proving to be a fundamental tool in advancing technologies and enhancing various aspects of businesses all around the world. The agriculture industry is no exception. AI farming, also known as smart farming is gaining traction as many farmers have embraced a range of innovative AI-driven instruments.

“Seismic ruling” – financiers cannot vote on a business rescue plan

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Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).  

Creditors now empowered to apply to declare directors delinquent

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Dr Eric Levenstein | Director | Head of Insolvency and Business Rescue | Werksmans Attorneys | mail me | On 2 August 2023, I published an article titled "The...

Legal due diligence for PE transactions

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Local and cross-border private equity (PE) investors continue to support the growth and development of companies in South Africa and the economy. With an increase in the establishment of PE funds both globally and in South Africa, as well as their appetite for investing in emerging markets, keeping track of the approach of PE funds and M&A lawyers to legal aspects surrounding PE deal-making is becoming increasingly important.

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