South Africa Case Law

Roytec Global (Pty) Ltd v Martinson and Others (21/21349)

Roytec Global (Pty) Ltd v Martinson and Others (21/21349) [2021] ZAGPJHC 581 (12 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

21/21349

Judge

Malindi

The court found that the respondents breached restraint of trade, confidentiality, and non-compete agreements by supplying equipment and services to competitors, using confidential information, and soliciting customers and suppliers in the territory. The applicant established urgency due to the nature of restraint matters and the difficulty in quantifying damages. The court held that the applicant's authority to institute proceedings was validly obtained through shareholder and board resolutions, and that the requirements of the Shareholders Agreement and Companies Act were satisfied. The res…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Shareholders Agreement
• Urgent Interdict
• Non Compete Clause

C3 Shared Services (Pty) Limited v Grange and Another (2012/10002)

C3 Shared Services (Pty) Limited v Grange and Another (2012/10002) [2021] ZAGPJHC 409 (19 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2012/10002

Judge

Gilbert

The High Court referred a restraint-of-trade dispute to oral evidence on whether the sale-of-shares agreement was breached and how its non-compete clause should be interpreted.

• Restraint Of Trade
• Contract Interpretation
• Non Compete Clause
• Motion Proceedings
• Referral To Oral Evidence
• Restraint-of-trade

Jay and Jayendra (Pty) Ltd and Another v Lesedi Nuclear Services (Pty) Ltd (49/LM/Apr12)

Jay and Jayendra (Pty) Ltd and Another v Lesedi Nuclear Services (Pty) Ltd (49/LM/Apr12) [2012] ZACT 57 (18 July 2012)

Court

Competition Tribunal

Case number

49/LM/Apr12

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Competition Tribunal approved unconditionally the merger involving J&J, Group Five and Lesedi, finding no substantial competition harm or adverse public interest effects.

• Merger Control
• Non Compete Clause
• Joint Control
• Public Interest
• Market Share Analysis
• Merger-control

Compagnie Gervais Danone Clover Beverages and Clover SA (Pty) Ltd Danone-Clover (Pty) Ltd (04/LM/Jan03)

Compagnie Gervais Danone Clover Beverages and Clover SA (Pty) Ltd Danone-Clover (Pty) Ltd (04/LM/Jan03) [2003] ZACT 13 (13 March 2003)

Court

Competition Tribunal

Case number

04/LM/Jan03

Judges

N. Manoim, D. Lewis, P. Maponya

The Competition Tribunal approved an internal Clover/Danone restructuring unconditionally, finding no product or geographic overlap, no market harm, and no public interest concerns.

• Merger Clearance
• Non Compete Clause
• Joint Venture
• Market Structure
• Public Interest
• Merger-clearance