This updated Unlawful Competition provides a comprehensive exposition of the theoretical foundations and general principles of the South African law of unlawful competition and the most important forms of compe
This updated Unlawful Competition provides a comprehensive exposition of the theoretical foundations and general principles of the South African law of unlawful competition and the most important forms of competitive excess recognised in our law. In addition, because the legal rules regulating the maintenance and promotion of competition may influence the law of unlawful competition, these have also been reviewed.
Comparative research, especially of American and German law, and to a lesser extent Dutch law, has been included to address the gaps in our law and serve as a guide for its development, given the fundamental rights entrenched in our Constitution.
Chapter 1 - Introduction: basic concepts
Chapter 2 - Maintenance and promotion of competition
Chapter 3 - Basis for protection against unlawful competition in South African law
Chapter 4 - Unlawful competition: doctrine of subjective rights
Chapter 5 - Right to goodwill as premise for unlawful competition
Chapter 6 - Infringement of right to goodwill: unlawfulness of competition
Chapter 7 - Deception or misrepresentation as to competitor's own performance; passing off
Chapter 8 - Leaning on; undue influencing of customers
Chapter 9 - Appropriation of competitor's business ideas: acquisition and use of competitor's trade secrets or confidential information; misappropriation of competitor's performance
Chapter 10 - Interference with competitor's contractual relationships; competition in conflict with contractual obligations and statutory provisions
Chapter 11 - Disparagement of competitor's undertaking, goods or services
Chapter 12 - Instigation of boycott against competitor; exertion of physical or psychological pressure on competitor's customers or employees; infringement of independent rights of competitor
Chapter 13 - Grounds of justification: direct infringements of goodwill