Unlawful competition refers to actions by one business aimed at gaining an unfair advantage or harming a competitor in a way that violates South Africa’s common law.

These wrongful acts can take many forms, but they share a common thread: they are unlawful and occur in a competitive business environment.

What Constitutes Unlawful Competition?

Unlawful competition encompasses a variety of actions, including but not limited to:

• Intellectual property theft: Unauthorized use of a competitor’s patents, trade marks, or copyrighted materials.
• Passing off: Marketing your products or services in a way that falsely suggests they are those of a competitor.
• Defamation: Spreading false or harmful information about a competitor’s products or services.
• Breach of contract: Inducing employees or partners to breach their contracts with a rival company.
• Injurious falsehood: Publishing misleading or damaging statements that harm a competitor’s reputation or business.
• Boycotts or encouraging others to avoid a competitor’s business.

These actions are considered wrongful because they violate the principles of fair competition and can cause significant harm to the affected business.

How We Can Help

At Wolmarans and Susan Inc., we offer expert legal services to help clients combat unlawful competition, including:

• Preparation of legal opinions on the merits of unlawful competition claims.
• Litigation services: Instituting and defending legal actions based on unlawful competition under South African common law.

Whether you’re facing aggressive actions from a competitor or seeking to protect your business interests, we can help you navigate the complexities of unlawful competition law.

Contact us today for more information on how we can protect your business from unfair practices.