On 27 November 2019, the Government
presented the Competition Bill (“the Bill”) to the Parliament.
The Bill, which is intended to curb
anti-competitive practices of businesses and the abuse of a dominant position
in the market, contains three key prohibitions, namely:
- Anti-competitive agreements and
practices, including:
- fixing purchase or selling price or any other trading conditions;
- limiting or controlling production, markets, technical development
or investment;
- dividing up markets and agreeing to sell only to the allotted
segment of the market (market sharing); and
- Abuse of a dominant position, including:
- selling a product or service at a loss or at an uncompetitively low
price to force competitors out of the market (dumping);
- predatory behaviour towards competitors;
- limiting production, markets or technical development to the
prejudice of consumers; and
- concluding contracts subject to acceptance by the other parties of
supplementary obligations which, by their nature or according to commercial
usage, have no connection with the subject of the contracts;
- Mergers and acquisitions that
substantially lessen competition.
The Bill proposes to grant the
Ministry of Economic Development enforcement powers, including the power to
investigate suspected infringements, impose infringement penalties and grant
specific or block exemptions under certain circumstances.
The
Bill is expected to be finalised in the Parliament’s first session in 2020.