Author: J Neethling

This updated book 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.

A comprehensive bibliography assists in further research and tables of cases and statutes are included for easy reference.

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Topics Covered

• Introduction: basic concepts
• Maintenance and promotion of competition
• Basis for protection against unlawful competition in South African law
• Unlawful competition: doctrine of subjective rights
• Right to goodwill as premise for unlawful competition
• Infringement of right to goodwill: unlawfulness of competition
• Deception or misrepresentation as to competitor’s own performance; passing off
• Leaning on; undue influencing of customers
• Appropriation of competitor’s business ideas: acquisition and use of competitor’s trade secrets or confidential information; misappropriation of competitor’s performance
• Interference with competitor’s contractual relationships; competition in conflict with contractual obligations and statutory provisions
• Disparagement of competitor’s undertaking, goods or services
• Instigation of boycott against competitor; exertion of physical or psychological pressure on competitor’s customers or employees; infringement of independent rights of competitor
• Grounds of justification: direct infringements of goodwill