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Fiji Commerce Commission – What We Do?

Who are we? The Commission is an independent statutory entity established under section 7 of the Commerce Commission Act 2010. The Commission’s purpose is to achieve the best possible outcomes
26 Jun 2017 10:35
Fiji Commerce Commission – What We Do?

Who are we?

The Commission is an independent statutory entity established under section 7 of the Commerce Commission Act 2010.

The Commission’s purpose is to achieve the best possible outcomes in competitive and regulated markets for the long-term benefit of all Fijian.

We enforce legislation that promotes competition in Fijian markets and prohibits misleading and deceptive conduct by traders.

The Commission also enforces a number of pieces of legislation that, through regulation, aim to provide the benefits of competition in markets where effective competition does not exist.

This requires the Commission to study all sectors in Fiji to ascertain whether the sector operates effecicently.

In the event that market fails to operate efficinetly, the Fijian Commerce Commission is required to intervene an regulate the market until the makret is able to operate effeciently without any such regulations.

Commerce Commission was first established in 1998 under the Commerce Act, tasked to consider regulations of monopolies and competition regulation, with a view of promoting competition in Fijian markets.

In 2010, the Fiji Commerce Commission came into existence following a merger between i) the Commerce Commission; ii) Department of Fair trading and Consumer Affairs; and iii) the Prices and Incomes Board.

The Commission’s jursidiction extends to any transactions of ‘trade’ or ‘commerce’, this means that the Commission is not limited to certain industries, but ensures that all markets operate

 

Our Law – Commerce Commission Act 2010

The Commerce Commission Act provides a general framework for regulatory pricing, competition regulation and consumer proctection.

This law provides for general sections that may overlap with provisions of other laws but are necessary for consumer protection.

For example, If a trader is selling expired goods, this issue carries penalties under the ‘Food Safety’ team of the Ministry of Health, however in the event the matter is brought to the Commission’s attention, then general provisions of the Act such as False and Misleading representations may be used.

 

Why do we review different Sectors?

The Commission continually undertakes investigative research into practices in a different sectors, this purpose of such a research is to enable the Commission to form an opinion on whether the sector requires any regulatory intervention.

The Commission generaly looks for existence of anti-competitive agreements (whether these agreements are oral or written).

Examples of such agreements would be price fixing, limiting or controlling supply, market sharing, bid rigging, engaging in collusive practices.

The Commission also looks for any signs of any abuse of dominance, this means that the Commission conducts research to ascertain whether a firm or individual providing any good or service has a position of power (dominant position) and whether the firm or individual has abused its position.

Examples of this include unfair purchase or selling prices or unfair trading conditions, limiting or controlling supply, predatory behavior, applying different conditions, refusing to supply and so on.

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