A comparative analysis of the correlations between section 12 of the Competition Act 89 of 1998 and section 2 of the Companies Act 71 of 2008

• Main Author: Cavanagh, Donovan James
• Other Authors: Van Heerden, C.M. (Corlia)
• Language: en
• Published: University of Pretoria 2017
• Subjects: UCTD
• Online Access: http://hdl.handle.net/2263/60115; Cavanagh, DJ 2016, The concept of "control" in merger regulation in terms of the Competition Act 89 of 1998, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60115>

This dissertation undertakes an investigation into the correlations between the provisions of the Competition Act 89 of 1998 and that of the Companies Act 71 of 2008 with regards to what each of the aforementioned Acts defines as ?control?. There is a symbiotic relationship between the domains of corporate law and competition law. The latter depends significantly on the provisions of the former when interpreting the scope and application of certain of its provisions, notably in the context of mergers. This relationship has been extensively complicated by the repeal of the Companies Act 61 of 1973 and the inception of the Companies Act 71 of 2008. This dissertation embarks on a discussion of the most prevailing similarities between section 2 of the Companies Act 71 of 2008 and section 12 of the Competition Act 89 of 1998. While discussing these similarities, the implications which the repealed Act has on competition law will also be canvassed and the author will attempt to reach clarity on the best manner forward. === Mini Dissertation (LLM)--University of Pretoria, 2016. === Mercantile Law === LLM === Unrestricted