Key Prohibitions

 

The Order prohibits 3 anti-competitive behaviors:

a)    Anti-competitive agreements.

Agreements between businesses that have the object and effect of significantly preventing, restricting or distorting competition in any markets for goods or services in Brunei Darussalam. Some examples are collusive tendering (bid-rigging), price-fixing, market sharing and control production or supply of products.

b)    Abuse of dominant power.

Prohibits businesses which have a substantial degree of market power in a market from engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Brunei Darussalam. Some of the conducts are exclusive dealings, predatory pricing behavior and refuse to supply.

c)    Anti-competitive mergers.

Mergers are only prohibited when they lead to a restriction of competition or substantial lessening of competition. For example, when two or more companies merge into one and holds power over the market, hence becoming a monopoly or dominant player with the potential to abuse.