SUNBIZ

Eliminate The Stress, Comply With The Law

Compliance to the FCCC Act 2010 should be of essence to all businesses as it is a guiding principle on the do’s and don’ts of doing business.
23 Feb 2019 18:03
Eliminate The Stress, Comply With The Law

The Fijian Competition and Consumer Commission (FCCC) is an independent statutory body established under Section 7 of the Fijian Competition and Consumer Commission Act 2010 (FCCC Act 2010).

The core functions include promoting effective competition and informed markets, encourage fair trading, protect consumers and businesses from restrictive practices, and control prices of regulated industries and other markets where competition is lessened or limited.

Our purpose is to achieve the best possible outcomes in competitive and regulated markets for the long-term benefit of all Fijians.

We believe it is important that everyone operate their business under the right conditions and ethical requirements ensuring consumer interests are considered while raking profitable returns for the business.

It is a known fact that businesses are an integral part of any economy with Fiji being no exception. However, doing business ethically is of more importance.

Under the FCCC Act 2010, businesses need to be mindful of the manner in which they conduct their business so as to avoid non-compliance which may result in enforcement action.

FCCC is of the view that businesses should act within the law in order to avoid litigation and moreover maintaining a reputable image in the business sector.

Compliance to the FCCC Act 2010 should be of essence to all businesses as it is a guiding principle on the do’s and don’ts of doing business.

In particular, businesses should be mindful of Part 5C of the FCCC Act 2010 in relation to prices for goods and services.

For instance, under Section 52 traders are not to sell price regulated items over the regulated prices and traders are not to apply different fixing of price method to evade provisions of the FCCC Act 2010.

Section 54 binds traders to display and mark prices on goods and services they offer whilst Section 55A is a provision requiring traders to always issue receipts at the point of sale to every purchaser.

Also, Section 59 is a Fixed Penalty provisions whereby FCCC may issue a fixed penalty of up to $50,000.00 for breaches under particular sections of the FCCC Act 2010.

Part 6 of the FCCC Act 2010 specifies provisions whereby unfair trade practices are prohibited. Section 66 focuses on misuse of market power, Section 67 on anti -competitive behaviour, Section 68 on collective tendering and Section 72 deals with mergers.

Part 7 of the FCCC Act 2010 deals with consumer protection issues and unfair practices for example Section 75 focusses
on misleading and deceptive conduct, Section 76 on unconscionable conduct, Section 78 on false and misleading advertisements, Section 86 on bait advertising and Section 88 accepting payment without supplying as ordered.

Below we briefly take a look at the definition of a trader under the FCCC Act 2010 and the things to do when trading in goods or services.

These can assist businesses in trading within the ambit of the law.

Feedback: maraia.vula@fijisun.com.fj



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