The Competition Act [Chapter 14:28] prohibits two main types of restrictive business practices: (i) restrictive practices that are considered using the rule-of-reason approach; and (ii) unfair business practices that are per se prohibited.
(i) Restrictive Practices
Restrictive practices as defined in terms of section 2(1) of the Competition Act [Chapter 14:28] include anti-competitive agreements, and other concerted action, and unilateral conduct of an abusive nature. Abuse of dominance, or monopolisation, is therefore covered in the definition. Section 32(2) of the Act provides that “… the Commission shall regard a restrictive practice as contrary to the public interest if it is engaged in by a person with substantial market control over the commodity or service to which the practice relates …”. Prohibited restrictive practices are of both exclusionary and exploitative nature, and include:
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