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at Cliffe Dekker Hofmeyr

Petra Krusche is a director in Cliffe Dekker Hofmeyr's Competition practice. She is involved in all aspects of that field of law and has gained a good understanding of the FMCG sector through work for firms in FMCG retail and supply.

Small things and the bigger picture

2013-02-05 15:05:08

Commentary on the fledgling tuk-tuk taxi services launched in Johannesburg recently raises some relevant topics under the Competition Act. READ MORE

Franchises – We are family or not?

2012-12-11 09:25:13

Franchises are essentially contracts between independent firms. Historically, and contrary to the situation in other countries, franchises were not specifically regulated in South Africa, but the Consumer Protection Act, 2008 now protects franchisees by regulating the content of franchise agreements, providing for a cooling-off period in favour of the franchisee and requiring disclosure of essential business information at the time of contracting or renewal of the franchise. READ MORE

Resale price maintenance- the easy choice

2012-10-18 11:17:16

Minimum resale price maintenance (“MRPM”) has been outlawed for many years, most recently under section 5(2) of the Competition Act, 1998, which prohibits the practice on a per se basis (ie, it is presumed anti-competitive by object). This prohibited practice also attracts an administrative penalty of up to 10% of a firm's annual turnover for a first time transgression. READ MORE

The consumer is (still) always right

2012-09-13 08:59:20

Since early 2011, the Consumer Protection Act ("CPA") has codified the SA consumers' rights and obliges suppliers to change their way of doing business so that the consumer has improved chances of not being waylaid. Successful retailers had already accepted that the consumer was king and have gone the extra mile to keep the consumer happy with generous trading terms. READ MORE

There are various ways of skinning a cat

2012-08-20 18:09:25

Over the past two years use limitation provisions in property related agreements have been investigated by the Competition Commission under the restrictive practices and the merger control provisions of the Competition Act. Specifically, exclusivity terms in anchor tenancies of supermarkets in shopping malls have been central to these investigations. READ MORE