LLB: Competition Law Faculty of Law: 2023
COURSE OUTLINE
COMPETITION LAW
Adv Shuaib Rahim M.Inst.Dir
JULY 2023
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LLB: Competition Law Faculty of Law: 2023
1. OVERVIEW
Competition Law is an elective course offered in the final year of the LLB programme.
The course is aimed at students wishing to enter large law firms focussing on corporate
clients. The principal objective is to provide such students with a practical working
knowledge of important areas of competition law which they are likely to encounter in
their future working environments. The secondary objective is to raise students’
awareness of the South African and international business environment, and in
particular the legal and regulatory challenges facing large corporations.
2. LECTURERS
The course is lectured by Adv. Shuaib Rahim. Please feel free to contact your lecturer
at:
3. CREDIT VALUE
The credit value of this course is 10 semester credits.
4. ASSUMPTIONS OF PRIOR LEARNING
The following assumptions of prior learning are made:
• the ability to communicate effectively in both spoken and written English;
• the ability to read, interpret and extract legal principles from legislation,
court decisions, and other source materials;
• the ability to learn independently;
• the ability to apply problem-solving techniques to practical situations.
It will be assumed that students have knowledge of company law gained from
completion of the Company Law ‘A’ and ‘B’ courses, or equivalent courses at another
university.
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LLB: Competition Law Faculty of Law: 2023
5. OUTCOMES
Critical Outcomes
The course intends to develop in students the skills set out below which are essential
to the study and practice of law:
• problem identification and solving;
• successful completion of given tasks on time and without supervision ;
• collection, analysis and evaluation of legal information;
• effective communication in both the spoken and written word;
• working alone and in groups in dispensing practical advice to clients.
Specific outcomes
Following the successful completion of this course, the students should be able to:
• demonstrate knowledge of the objectives and rationale for the regulation
of competition.
• recognise examples of restrictive practices, and of the abuse of market
dominance.
• understand the functions of the Competition Commission, Competition
Tribunal and Competition Appeal Court.
• demonstrate knowledge of the competition authorities’ powers of
investigation and enforcement, and the penalties which may be imposed
on companies.
• recognise and demonstrate an understanding of the various methods by
which companies may infringe the rights of their competitors.
• demonstrate an understanding of the civil remedies available to protect
companies from unlawful competition.
• demonstrate an awareness of competition law from an international
perspective.
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LLB: Competition Law Faculty of Law: 2023
6. TEACHING METHODS & STUDENTS’ LEARNING RESPONSIBILITIES
Teaching will take the form of remote online teaching. This will include slides,
augmented slides, voice notes and where appropriate, the use of other multimedia
tools. Students are expected to take responsibility for their own learning and must
therefore read the relevant source material to which they will be referred in lectures
and must complete any tasks assigned. Pre-reading ahead of lectures is
recommended so as to facilitate better understanding of concepts.
Students must also stay abreast of current developments in the South African and
international business community by reading relevant publications and consulting
web-sites to which reference will be made below. For discussions, tests and
alternative methods of assessment, practical examples and cases will be used as the
basis of learning the principles of law in question.
7. COURSE CONTENT
The course is divided into three parts.
Part 1: Competition Law from a public law perspective: Adv Shuaib Rahim
This part of the course will be constructed around the Competition Act (89 of 1998) as
the core document. The main textbook used for this part of the course will be Brassey
(see below).
It will cover:
1. The objects of, and rationale for, competition law.
2. A brief history of the regulation of competition.
3. Restrictive horizontal practices: legislation and cases.
4. Restrictive vertical practices: legislation and cases.
5. The abuse of dominance: legislation and cases.
6. Merger control.
7. Institutions, procedures and remedies.
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LLB: Competition Law Faculty of Law: 2023
Part 2: Competition Law from a Private Law perspective: Adv Shuaib Rahim
This part of the course will be constructed around case law. The main textbook used
for this part of the course will be Neethling (see below).
It will cover:
1. The right to Goodwill.
2. Misappropriation and Passing-Off.
3. Undue influencing of customers.
4. Use of a competitor’s Trade Secrets and business ideas.
5. Interference with a competitor’s contractual relationships.
6. Disparagement of a competitor’s business.
7. Instigation of a Boycott against a competitor.
Part 3: Competition Law from an international perspective: Adv Shuaib Rahim
The many large companies operate in multiple jurisdictions. It is therefore essential
for students, as the future advisors of these companies, to have some international
perspective on competition law.
This part of the course will cover:
1. International institutions and competition law (anti-trust law).
2. Competition policy in developing countries.
8. RESOURCES
There is no prescribed textbook for this course. Students are nevertheless urged to
purchase at least one of the three textbooks listed below. Students will be referred in
lectures to academic articles, reported cases, statues, websites and relevant sections
of various textbooks, notably but not exclusively those listed below, some of which are
available in the Law Library.
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LLB: Competition Law Faculty of Law: 2023
Books
1. Brassey, M. et al. 2002. Competition Law. Juta.
2. Neuhoff, M. et al. 2006. A Practical Guide to the South African
Competition Act. LexisNexis.
3. Neethling, J. 2008. Unlawful Competition. 2nd ed. LexisNexis.
Reading Lists
A comprehensive reading list of cases and journal articles are uploaded separately.
Statutes
1. The Competition Act, 89 of 1998.
2. The Companies Act, 71 of 2008.
Internet sources
1. www.fin24.com
2. www.moneyweb.co.za
3. www.bloomberg.com
4. www.comptrib.co.za
5. www.compcom.co.za
9. Weekly Competition Chat
It is important to follow the updated conversations posted under “Competition Chat” as
these topics relate to real-world Competition Law disputes and international
challenges that will directly apply to the legal theory discussed in class.
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LLB: Competition Law Faculty of Law: 2023
10. ASSESSMENT
The course will be assessed in the following manner:
Assessment Percentage % Date Due
Test 15 9 October 2023 18h00
Assignment 15 11 September 17h00
Exam 70 TBC TBC
Total 100
The combined total will be the final mark for this course
Kind Regards,
Adv Shuaib Rahim
