 |
Downloads
at the GCC:  |
|
|
|
|
You can download the
FULL TEXT of the
Competition Act of 2007
HERE
(pdf).
|
|
|
You
can download other related documents
HERE
These are:
•
Competition Act Guidelines
•
Competition Impact Assessment Guidelines
•
National Employment Policy & Strategies 2010 - 2014
•
Prioritisation Principles
•
Procedural Rules 2008
•
Procurement Act
•
Procurement Regulations 2003
•
Strategic Plan of the GCC
• Trade Policy 2010 |
|
|
|
Read the disclaimer
before making any decisions. Do not rely on any of the information
on this page to arrive at any decisions.
|
 |
Background Information:
The Gambia Competition Act
of 2007 was enacted into law by the National
Assembly in Banjul and assented by the President on the 5th
October, 2007. The statute is made up of 11 parts with 61
sections and 2 schedules added. It provides for the setting up of the
Competition Commission made up of five commissioners appointed by the President.
Purpose of the
Act:
 The
main goal of the Act is to encourage greater competition in
the distribution of products and services in the Republic
of The Gambia. To achieve this main aim the GCA has laid out
prohibited practices and empowers the GCC regulating
authority to take action against undesirable, anti-competitive
business practices.
Frequently
Asked Questions:
•
What are the objectives of the 2007 Competition Act?
Its objectives are to thwart collusive agreements and
rigging of tender bids by looking into and controlling
restrictive practices and agreements, monopolies,
champion and promote competition, protect the interests
of consumers in Gambia and ensure free trade in the
country's markets.
•
What is Unfair Competition?
The implementation of practices such as predatory
pricing, collusive price fixing, discriminatory pricing,
deliberate reduction in output in order to increase
prices, creation of barriers to entry, tie-in sales,
allocation of markets, etc., are considered unfair
competition.
•
What is Market Competition & Why is it Needed?
Basically, market competition is when distributors
endeavour for buyers to purchase their goods and
services to maximise profit or achieve other aims for
establishing the business. A purchaser aims to buy a
product at a low price, while the seller prefers to sell
at a price that maximises profits.
Market competition is the most optimum way of ensuring that
consumers have a choice to the broadest selection of
goods and services at the most competitive prices,
leading to more productive and allocative efficiency.
Therefore, as a pre-requisite, healthy market conditions
are necessary, and appropriate regulations to promote
competition must be put into place.
•
What Constitutes an "Agreement" Under the Act?
An agreement means an arrangement between businesses which
is implemented or intended to be carried out in The
Gambia, irrespective of the form in which it is made,
and could be a verbal agreement and a concerted
practice. It does not need to be formal or in writing or
to be enforceable by law.
•
What is an Anti-competitive Agreement?
An agreement that restricts competition which includes,
but are not limited to the following examples:
* An agreement to restrict supply & production to drive
up prices.
* Agreement to carve up markets.
* Agreement to collusively bid or bid rigging.
* Conditional sale / purchase (lock-in arrangement).
* Exclusive distribution / supply arrangements.
* Price fixing agreement.
* Refusal to deal (can be vertical or horizontal).
* Resale price maintenance (RPM).
• What Business Practices Are Prohibited Under The
Act?
Collusive Agreements: concerted practices, agreements or
decisions made by company associations in the same
market to share markets between themselves or fix
prices, such as restricting competition and bid rigging.
Non-collusive Agreements and Monopolies: These are defined
as practices that might occur between a firm and other
entitities such as suppliers or customers that are able in
restricting, distorting or preventing competition, but
are not inherently anti-competitive.
• What is Abuse of Dominance?
A business enterprise in a position of strength which
allows it to trade independently of competitive market
forces or to affect its consumers, competitors or the
market to its benefit is seen as dominance. Examples of
such abuse of dominance are:
* applying different conditions to similar transactions;
* creating barriers to entry;
* exclusionary predatory pricing;
* preventing access to market;
* setting down of unfair conditions or price;
* the limitation of market/production or technical
development and
* the leveraging of dominant position in one market to
gain advantages in another.
Disclaimer
All the information on this page should not be relied upon
for any information or guidance and does not constitute legal
advice or guidance on any matter whatsoever. You should visit
the Gambia Competition Commission's official website or their
office in the Greater Banjul area for any information of any
kind that you seek. |
