Competition Act, 2007
Act 8 of 2007
- Published in Government Gazette 125 on 7 December 2007
- Assented to on 15 November 2007
- Commenced on 1 April 2008
- [This is the version of this document from 7 December 2007.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Competition Act, 2007 and shall come into force on a date to be appointed by the Minister by notice in the Gazette.
2. InterpretationIn this Act, unless the context otherwise requires—“agreement” when used in relation to a prohibited practice, includes a contract, arrangement or understanding, whether or not legally enforceable;“anti-competitive trade practices” means the trade practices enumerated in sections 30, 31, 32 and 34.2;“Commission” means the Competition Commission established in terms of section 6;“consumer” includes any person—(a)who purchases or offers to purchase goods otherwise than for the purpose of resale but does not include a person who purchases any goods for the purpose of using them in the production and manufacture of any other goods or articles for sale;(b)to whom a service is rendered;“Court” means the High Court of Swaziland;“dominant position” means a position in a market in which an enterprise as a supplier or an acquirer of goods and services either alone or together with any interconnected body corporate, is in a position to act independently of competitors and consumers over the production, acquisition, supply or price of goods or services in that market;“enterprise” includes firms, associations irrespective of whether they are controlled by a private person or by the Government;“goods or services” when used with respect to particular goods or services, includes any other goods or services that are reasonably capable of being substituted for them, taking into account ordinary commercial practice and geographical, technical and temporal constraints;“horizontal relationship” means a relationship between competitors;“vertical relationship” means the relationship between a firm and its suppliers, its customers or to both;“person” includes a local authority, and any association of persons whether incorporated or not;“merger” means the acquisition of a controlling interest in—(i)any trade involved in the production or distribution of any goods or services; or(ii)an asset which is or may be utilised for or in connection with the production or distribution of any commodity;“Minister” means the Minister responsible for enterprise;“monopoly” means a situation where a single person exercises, or two or more persons with a substantial economic connection, exercise substantial control of a market for any goods or services;“premises” includes land, any building, structure, vehicle, ship, boat, vessel, aircraft or container;“price” includes valuable consideration in any form, whether direct or indirect and includes any consideration that relates to the acquisition or supply of goods or services or the acquisition or disposition of any interest in land, although ostensibly relating to any matter or thing;“resale price maintenance” means a situation where a supplier or manufacturer specifies the minimum or maximum price at which the product should be re-sold to customers;“sale” includes an agreement to sell or offer for sale and includes the exposing of goods for sale, the furnishing of a quotation, whether verbally or in writing, and any other act or notification by which willingness to enter into any transaction for sale is expressed;“trade practice” means any practice related to the carrying on of any trade and includes anything done or proposed to be done by any person which affects or is likely to affect the method of trading of any trader or class of traders or the production, supply or price in the course of trade of any goods, whether real or personal, or of any service.
4. Application to state corporationsExcept in so far as it is exempted from the application of the provisions of this Act by section 3 or any other law, every body corporate in which the Government holds one or more shares, whether as a sole, majority or minority shareholder and which is carrying on any trade is a person to whom this Act applies and who may be investigated by the Commission, who is subject to an order of the Commission, and against whom a prosecution may be brought in respect of an offence against any provision of this Act.
5. Certain law not affected
Part II – Competition Commission
6. Establishment of the CommissionThere is established a body to be known as the Swaziland Competition Commission which shall be a body corporate with perpetual succession and 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.
7. Independence of the CommissionSubject to the provisions of this Act the Commission shall be independent of control of any person, including but not limited to any statutory body, Government or any other entity, in the discharge of its functions.
8. Composition of the Commission
9. Tenure of office and vacancies
10. Allowances of membersThe members of the Commission shall be paid such allowances as the Minister may, in consultation with the Minister responsible for finance, determine.
11. Functions of the Commission
12. Obtaining informationThe Commission shall obtain such information as it considers necessary to assist it in its investigations and, where it considers appropriate, shall examine and obtain verification of documents submitted to it.
13. Power of the Commission
14. Proceedings of the Commission
15. Committees of the Commission
16. Disclosure of interest
17. Immunity of membersAn action, suit or other proceedings shall not lie against any member of the Commission in respect of any act done, in good faith, in the course of carrying out the provisions of this Act.
Part III – Secretariat
18. Secretariat of the CommissionThe Secretariat of the Commission shall be made up of the Executive Director and other employees of the Commission as may be appointed under this Act and the Secretariat shall be the investigative arm of the Commission.
19. Executive Director
20. Other employees
21. Disclosure of interest by employees
22. Oath of secrecyEvery—
23. Prohibition of publication or disclosure of information
24. Immunity 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 of the provisions of this Act.
Part IV – Financial provisions
25. Funds of the Commission
26. Application of fundsThere shall be paid out of the funds of the Commission—
27. Financial yearThe financial year of the Commission shall be the same as the Government financial year.
29. Annual reports
Part V – Anti-competitive trade practices
31. Anti-competitive trade practicesEnterprises shall refrain from the following acts or behaviour if they limit access to markets or otherwise unduly restrain competition, or have or are likely to have adverse effect on trade or the economy in general—
32. Other anti-competitive trade practices by associationsThe following practices conducted by or on behalf of a trade association are declared to be anti-competitive trade practices—
33. Unfair trading
34. Abuse of dominanceAny person that has a dominant position in the market shall not use that power to carry out any of the practices enumerated under sections section 30 and 31.
35. Mergers and acquisitions
36. Monopolies and concentration of economic power
37. Authorisation of allowable acts
Part IV – Miscellaneous[Please note: Part numbering as in original.]
38. Investigating officers
39. Power of entry and inspection
40. AppealsThe Commission shall have power to issue orders or directives it deems necessary to secure compliance with this Act or its decisions and any person aggrieved by a decision of the Commission made under this Act or under any regulations made hereunder may, within thirty days after the date on which a notice of that decision is served on that person, appeal to the Court.
41. Operation of orderWhere an appeal is brought against any decision of the Commission any final or interim directive or order of the Commission based on such decision shall remain in force pending the determination of the appeal, unless the Court otherwise orders.
42. Offences and penalties
43. 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—
History of this document
01 April 2008
07 December 2007 this version
15 November 2007
01 December 1998
Cited documents 0
Documents citing this one 6
- Swaziland Government Gazette dated 2008-03-27 number 30
- Swaziland Government Gazette dated 2008-05-16 number 65
- Swaziland Government Gazette supplement dated 2012-03-23 number 27
- Eagles Nest (Pty) And Others v Swaziland Competition Commission And Another (1 of 2014)  SZSC 39 (30 May 2014)
- Ngwane Mills (Pty) Ltd v Swaziland Competition Commission (2589 of 2011)  SZHC 2 (10 February 2012)
- Pick 'n Pay Retailers (Pty) Ltd and Another v The Gables (Pty) Ltd and Others (1639 of 2012)  SZHC 57 (11 March 2013)