African Dialogue on Consumer Protection Issues
Explore how the Swaziland Competition Commission collaborates with regulatory authorities, the Office of the Director of Public Prosecutions, and the Royal Swaziland Police to harmonize competition principles. Discover the legal framework and consequences of contravening the Competition Act, including criminal offenses and penalties. Gain insights into dealing with mergers, investigations, and enforcement actions in the consumer protection landscape.
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Presentation Transcript
Presentation to the 6thAnnual African Dialogue on Consumer Protection Conference, 08-10 September 2014 The views and opinions expressed herein are those of the authors and do not necessarily reflect the official views or opinions of the Swaziland Competition Commission or any government agency of the Kingdom of Swaziland
Cooperation with Regulatory Authorities Cooperation with the Office of the Director of Public Prosecutions Cooperation with the Royal Swaziland Police
S. 11(2)(k) of the Competition Act, 2007, allows the Commission to enter into discussions on contentious issued with any regulatory authority in order to harmonise and ensure consistent application of the competition principles
According to R. 32 of the Competition Commission Regulations, 2010, the Commission may invite regulatory authorities to participate in its proceedings that [are] the subject of an investigation by the Commission
Contravention of the Act is a criminal offence e.g. S.35(1) of the Competition Act which provides that a person who in the absence of authority from the Commission participates in effecting a merger or takeover commits an offence and shall on conviction be liable to a fine of not more than E250,000.00 (approx.USD2,500) or to imprisonment to a term not exceeding 5 years or to both
The Commission was faced with a merger notification where it appeared that the merging parties had already implemented a merger. The Commission engaged the office of the Director of Public Prosecutions to deal with the matter.
According to R. 39 of Competition Act, an investigating officer may, on the production of a search warrant obtained from a court of law enter any premises on or which there is reasonably suspected to be evidence relating to any anti- competitive trade practice or unfair trade practice, or any actual or potential merger, take over or monopoly situation
The implication of section 39 is that in the event the Commission or its officer are faced with resistance in the field of duty, the Royal Swaziland Police should be on hand to help enforce the directive of the Court.
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