Competition and Fair Trading Act
- Commenced on 1 April 2000
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Competition and Fair Trading Act.
3. Non-application of the ActNothing in this Act shall apply to—
Part II – The Competition and Fair Trading Commission
4. Establishment of the CommissionThere is hereby established a body to be known as Competition and Fair Trading Commission (in this Act otherwise referred to as the “Commission”) which shall be a body corporate with perpetual succession and a common seal capable of suing and being sued in its corporate name, and with power, subject to this Act, to do or perform all such acts and things as a body corporate may by law do or perform.
5. Composition of the Commission
6. Tenure of office and vacancies
7. Allowances of membersMembers of the Commission shall be paid such an allowance as the Minister shall determine.
8. Functions of the Commission
9. Commission shall seek informationThe Commission shall obtain such information as it considers necessary to assist it in its investigation and, where it considers appropriate, shall examine and obtain verification of documents submitted to it.
10. Powers of the Commission
11. Hearings to be held in publicHearings of the Commission shall take place in public but the Commission may, whenever the circumstances so warrant, conduct a hearing in private.
12. Policy directions
13. Proceedings of the Commission
14. Committees of the Commission
15. Minutes of meetingsThe Commission shall cause minutes to be kept of the proceedings of every meeting of the Commission and of every meeting of a committee of the Commission.
16. Disclosure of interest
17. Protection of membersNo action, suit or other proceedings shall be brought or instituted personally against any member in respect of any act done in good faith in the course of carrying out the provisions of this Act.
18. Invited persons
Part III – Secretariat
19. Secretariat of the CommissionThe Secretariat of the Commission shall consist of the Executive Director and other employees of the Commission appointed under this Act.
20. Executive Director of the Commission
21. Other employees
22. Disclosure, of interest by employees, etc.
23. Oath of secrecyEvery—
24. Prohibition of publication or disclosure of information by unauthorized persons
25. Protection of employeesNo action, suit or other proceedings shall be brought or instituted personally against any employee in respect of any act done in good faith in the course of carrying out the provisions of this Act.
Part IV – Financial provisions
26. Funds of the Commission
27. LevyThe Commission may, from time to time, by order published in the Gazette, impose a levy and such levy shall be appropriated for the general operations of the Commission.
28. Financial yearThe financial year of the Commission shall be the period of twelve months ending on 30th June in each year or on such other date as the Minister may specify by Order published in the Gazette:Provided that the first financial year of the Commission may be such shorter or longer period than twelve months as the Minister shall determine but being not less than six months or more than eighteen months.
30. Annual reports
31. Progress reportsThe Commission shall, at the end of every financial year, produce a progress report on its activities during that period and shall publish the Report.
Part V – Anti-competitive trade practices, etc.
32. Enumeration of anti-competitive trade practices
33. Trade agreements
34. Anti-competitive trade practices by associations
35. Control of mergers and takeovers
36. Application to the Commission for authorizationAny person may apply to the Commission for an order authorizing that person to effect a merger or takeover.
37. Investigation by the Commission
38. Criteria for evaluating application for authorization
39. Order of the Commission on mergers or takeovers
40. Enforcement of orders
41. Misuse of market power
42. Monitoring concentration of economic power, etc.The Commission shall keep the structure of production of goods and services in Malawi under review to determine where concentrations of economic power or anti-competitive trade practices exist whose detrimental impact on competition and the economy out weight the efficiency advantages, if any.
43. Unfair trading
44. Authorization of allowable acts
Part VI – Miscellaneous provisions
45. Investigating officers
46. Powers of entry and inspection
47. Secrecy to be observed
48. Appeal against finding of the Commission
49. Operation of order pending determination of appealWhere an appeal is brought against any finding of the Commission any directions or order of the Commission based on such findings shall remain in force pending the determination of the appeal, unless the Judge otherwise orders.
50. OffencesAny person who—
51. Penalty for offencesA person guilty of an offence under this Act for which no specific penalty is provided shall be liable to a fine of K500,000 or of an amount equivalent to the financial gain generated by the offence, if such amount be greater, and to imprisonment for five years
52. Civil liabilityAny person who suffers injury, loss or harm as a result of any agreement, arrangement, undertaking, act or omission which is prohibited under this Act may recover damages by way of civil proceedings in the High Court from the person responsible for any such agreement, arrangement, undertaking, act or omission.
53. RegulationsThe Minister may, on the advice of the Commission, make regulations for carrying into effect the provisions of this Act, and, in particular and without prejudice to the generality of the foregoing power, such regulations may provide for—
54. Government to be boundThis Act shall apply to and bind the Government.
History of this document
01 April 2000