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Does the Fair Competition Act apply only to big businesses? PDF Print
Fair competition means that all businesses have the right and freedom to compete. The Commission intends to promote competition amongst all businesses irrespective of the sizes of the businesses involved.
 
How can I be sure that the information submitted to the Commission will be kept confidential? PDF Print
  • Any confidential material must be clearly marked before submission to the Commission. The Act makes it an offence for any staff member, or consultant to disclose to another person any information coming to its knowledge.
  • The Commission shall regard as secret and confidential all information disclosed in the administration of the Act, except those disclosures which are absolutely necessary for the discharge of its functions.
  • Where a person claims that certain information which that person had supplied to the Commission if disclosed would be injurious to the interest of the person, the Commission shall take all reasonable steps to ensure that such information is not disclosed without the consent of that person.
 
What happens if the FTC finds a person or enterprise is engaging in anti- competitive practices? PDF Print

The person or enterprise will be directed to desist from engaging in the activity or agreement. If they persist the Commission may apply to the courts for an injunction. The Court can then impose a fine or a term of imprisonment on the offending party.

 
What are the powers of the Fair Trading Commission? PDF Print

The Fair Trading Commission has the power to:

  • Conduct investigations into alleged violations of the Fair Competition Act.
  • Compel persons to provide information and give oral evidence.
  • Enter and search premises, and to inspect and remove copies of necessary documents.
  • Discontinue any investigation which after initial inquiry or investigation is deemed not warrant further inquiry.
  • Declare illegal certain business activities or agreements.
 
If I disagree with a decision made by the Fair Trading Commission can I appeal? PDF Print
Any individual or business that is dissatisfied with a finding of the Fair Trading Commission may appeal to a judge in chambers within fifteen days of the date of receipt of notice of the findings.
 
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