Competition Law at Madagascar
Here’s an overview of Competition Law in Madagascar:
Competition Law in Madagascar
1. Legal Framework
Madagascar’s competition law is governed by Law No. 2017-019 of July 27, 2017, relating to the freedom of competition.
This law aims to ensure free competition in the market, prevent anti-competitive practices, and protect consumer interests.
2. Regulator
The competition authority in Madagascar is the Competition Regulatory Authority (Autorité de Régulation de la Concurrence, ARC).
The ARC is responsible for enforcing competition law, investigating violations, and promoting competitive market practices.
3. Key Provisions
Anti-competitive agreements: Prohibits agreements between businesses that restrict competition, such as price-fixing, market sharing, or collusion.
Abuse of dominant position: Firms with significant market power must not abuse this dominance through unfair practices (e.g., predatory pricing, refusal to deal).
Merger control: Certain mergers and acquisitions that could substantially reduce competition require notification and approval by the ARC.
Unfair competition: The law also covers deceptive or unfair trade practices.
4. Enforcement and Sanctions
The ARC has investigative powers, including the ability to conduct inspections and request information.
It can impose sanctions such as fines proportional to the turnover of the infringing company.
Orders to cease anti-competitive conduct may also be issued.
5. Appeals
Decisions by the ARC can be appealed to the competent courts in Madagascar.
6. Regional Context
Madagascar is a member of the Southern African Development Community (SADC) and follows some regional guidelines on competition policy.
The country’s competition framework may also interact with regional trade agreements and initiatives.
If you want, I can provide:
Specific examples of competition enforcement in Madagascar.
More details on the merger control process.
Comparisons with competition law in other African countries.
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