You can download the FULL
TEXT of the
Competition Act of 2007 HERE
(pdf). 
You can download other
related documents HERE
These are:
• Competition Act Guidelines
• Competition Impact Assessment Guidelines
• National Employment Policy & Strategies
2010 - 2014
• Prioritisation Principles
• Procedural Rules 2008
• Procurement Act
• Procurement Regulations 2003
• Strategic
Plan of the GCC
• Trade Policy 2010 |
Background Information:
The Gambia Competition Act
of 2007 was enacted into law by the National Assembly
in Banjul and assented by the President on the 5th October,
2007. The statute is made up of 11 parts with 61 sections
and 2 schedules added. It provides for the setting up
of the Competition Commission made up of five commissioners
appointed by the President.
Purpose of the Act:
The main goal of the Act is to encourage greater competition
in the distribution of products and services in the
Republic of The Gambia. To achieve this main aim the
GCA has laid out prohibited practices and empowers
the GCC regulating authority to take action against
undesirable, anti-competitive business practices.
Frequently Asked Questions:
• What are the objectives of the 2007 Competition
Act?
Its objectives are to thwart collusive agreements and
rigging of tender bids by looking into and controlling
restrictive practices and agreements, monopolies, champion
and promote competition, protect the interests of consumers
in Gambia and ensure free trade in the country's markets.
• What is Unfair Competition?
The implementation of practices such as predatory pricing,
collusive price fixing, discriminatory pricing, deliberate
reduction in output in order to increase prices, creation
of barriers to entry, tie-in sales, allocation of markets,
etc., are considered unfair competition.
•
What is Market Competition & Why is it Needed?
Basically, market competition is when distributors endeavour
for buyers to purchase their goods and services to maximise
profit or achieve other aims for establishing the business.
A purchaser aims to buy a product at a low price, while
the seller prefers to sell at a price that maximises
profits.
Market competition is the most optimum way of ensuring
that consumers have a choice to the broadest selection
of goods and services at the most competitive prices,
leading to more productive and allocative efficiency.
Therefore, as a pre-requisite, healthy market conditions
are necessary, and appropriate regulations to promote
competition must be put into place.
• What
Constitutes an "Agreement" Under the Act?
An agreement means an arrangement between businesses
which is implemented or intended to be carried out in
The Gambia, irrespective of the form in which it is
made, and could be a verbal agreement and a concerted
practice. It does not need to be formal or in writing
or to be enforceable by law.
• What is an
Anti-competitive Agreement?
An agreement that restricts competition which includes,
but are not limited to the following examples:
* An agreement to restrict supply & production to
drive up prices.
* Agreement to carve up markets.
* Agreement to collusively bid or bid rigging.
* Conditional sale / purchase (lock-in arrangement).
* Exclusive distribution / supply arrangements.
* Price fixing agreement.
* Refusal to deal (can be vertical or horizontal).
* Resale price maintenance (RPM).
• What
Business Practices Are Prohibited Under The Act?
Collusive Agreements: concerted practices, agreements
or decisions made by company associations in the same
market to share markets between themselves or fix prices,
such as restricting competition and bid rigging.
Non-collusive Agreements and Monopolies: These are defined
as practices that might occur between a firm and other
entitities such as suppliers or customers that are able
in restricting, distorting or preventing competition,
but are not inherently anti-competitive.
•
What is Abuse of Dominance?
A business enterprise in a position of strength which
allows it to trade independently of competitive market
forces or to affect its consumers, competitors or the
market to its benefit is seen as dominance. Examples
of such abuse of dominance are:
* applying different conditions to similar transactions;
* creating barriers to entry;
* exclusionary predatory pricing;
* preventing access to market;
* setting down of unfair conditions or price;
* the limitation of market/production or technical development
and
* the leveraging of dominant position in one market
to gain advantages in another.
Disclaimer
All the information on this page should not be relied
upon for any information or guidance and does not constitute
legal advice or guidance on any matter whatsoever. You
should visit the Gambia Competition Commission's official
website or their office in the Greater Banjul area for
any information of any kind that you seek. |
