Competition Law at Eswatini
Here’s a summary of Competition Law in Eswatini (formerly Swaziland):
Competition Law in Eswatini
Legal Framework
The primary competition legislation is the Competition Act, 2007.
The Act established the Competition Commission of Eswatini, responsible for enforcement.
The law aims to promote fair competition, prevent abuse of market power, and protect consumers.
Key Objectives
Prevent anti-competitive practices.
Prohibit abuse of dominant market positions.
Control mergers and acquisitions to prevent undue market concentration.
Encourage market efficiency and consumer welfare.
Main Provisions
Anti-competitive Agreements
Prohibits agreements, decisions, or concerted practices that restrict competition.
Includes cartels, price fixing, market division, and bid rigging.
Abuse of Dominant Position
Firms with significant market power must not abuse it.
Examples of abuse include unfair pricing, limiting production, refusal to deal.
Merger Control
Requires prior notification and approval of mergers exceeding certain thresholds.
The Commission assesses the impact on competition.
Unfair Trade Practices
Prohibits deceptive, misleading, or unfair business practices.
Enforcement and Penalties
The Competition Commission has investigative powers, including dawn raids.
It can impose fines and order cessation of illegal conduct.
Fines can be substantial, though exact maximums vary by case.
Decisions can be appealed to the Competition Tribunal.
Institutional Setup
Competition Commission of Eswatini: Enforcement and advocacy.
Competition Tribunal: Judicial body for appeals and case adjudication.
Regional Context
Eswatini is a member of the Southern African Development Community (SADC), which encourages harmonization of competition policies across member states.
Summary Table
| Aspect | Details |
|---|---|
| Key Legislation | Competition Act, 2007 |
| Enforcement Authority | Competition Commission of Eswatini |
| Anti-competitive Practices | Prohibited (cartels, abuse of dominance) |
| Merger Control | Prior notification and approval required |
| Penalties | Fines and corrective orders |
| Appeal Body | Competition Tribunal |
| Regional Integration | SADC framework |
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