Law of competition 420

Module code SCL 420
Qualification Undergraduate
Faculty Faculty of Law
Module content

*For LLB
Section A: Law of Unlawful Competition – the Common Law of Competition
The following aspects will be dealt with:

  1. The role of competition in commerce
  2. The concept and definition of competition
  3. The historical development of the law of unlawful competition
  4. Rights affected by unlawful competition
  5. The common law basis for action against unlawful competition
  6. Capita Selecta: (Recognised Forms of Unlawful Competition):
    1. Passing Off and Leaning On
    2. Deception concerning one's enterprise, goods or services
    3. Interference with a trader’s enterprise or business affairs
    4. Misappropriation of confidential information
    5. Counterfeit goods
    6. Ambush marketing
  7. Defences against unlawful competition

Section B: Statutory Competition Law - the Competition Act, 1998
The following aspects will be dealt with:

  1. The development of statutory competition
  2. The Competition Act: goals and scope of application
  3. The administrative framework of the Competition Act.
  4. Practices and transactions governed by the Competition Act
    1. Restrictive horizontal practices
    2. Restrictive vertical practices
    3. Abuse of Dominance
    4. Mergers
  5. Other Important Enforcement and Administrative Procedures
    1. Corporate Leniency
    2. Exemptions
    3. Criminalisation of Cartel Conduct
    4. Market Inquiries
    5. Private Damages Claim
Module credits 10.00
NQF Level 08
Prerequisites No prerequisites.
Contact time 2 lectures per week
Language of tuition Module is presented in English
Department Private Law
Period of presentation Semester 2

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