The Competition Appeal Court issued a rare adverse costs order against the Competition Commission for acting ultra vires by issuing a divestiture directive against African Rainbow Capital (ARC) following the Fresh Produce Market Inquiry, and threatening that non-compliance with the directive could result in the Commission applying to the Competition Tribunal to make the divestiture directive an order.
South African businesses navigating merger applications and compliance frameworks are well-acquainted with the Competition Commission’s rigorous focus on transformation. This mandate is most visible in the merger space, where the Commission routinely requires merging parties to implement employee share ownership programmes (ESOPs) or transactions involving historically disadvantaged persons (HDPs) to promote a greater spread of ownership.
In a recent US case, United States v. Heppner (No. 1:25 cr 00503 JSR), decided in the New York District Court, the court was asked to deal with a very modern legal question: what happens when someone involved in a criminal investigation communicates with a publicly available AI platform? More specifically, are those communications protected by the attorney-client privilege?
Shepstone & Wylie (S&W) will not change its banking details. Any communication you receive stating we have done so will be false - please contact us immediately.
If you bank with Standard Bank, Nedbank, Investec, FNB or Absa Bank you are encouraged to pay us using the bank approved beneficiary: Shepstone and Wylie Attorneys.
If you don’t use the bank approved beneficiary option, you must always call us to verify our banking details before making any payment.