Competition Law at Brunei
Competition Law in Brunei
Brunei Darussalam’s competition framework is governed by the Competition Order, 2015, which is enforced by the Department of Competition and Consumer Affairs (DCCA) under the Department of Economic Planning and Statistics (DEPS), Ministry of Finance and Economy.
Key Features of Brunei's Competition Law:
Prohibition of Anti-Competitive Agreements (Section 11)
Agreements between businesses that prevent, restrict, or distort competition within Brunei are prohibited. This includes:
Price-fixing
Market sharing
Bid rigging
Limiting or controlling production, markets, or investment
Abuse of Dominant Position (Section 21)
It is unlawful for a business holding a dominant position in a market to abuse that position. This includes:
Predatory pricing
Imposing unfair purchase or selling prices
Limiting production or technical development
Mergers and Acquisitions
As of now, merger control provisions are not yet enforced under Brunei’s Competition Order. However, future regulations may address this area.
Enforcement
The DCCA investigates potential breaches. If a violation is found:
The Commission may impose financial penalties up to 10% of the business’s turnover in Brunei for a maximum of three years.
Orders can be issued to cease the anti-competitive conduct.
Leniency Program
Brunei offers a leniency program for enterprises that voluntarily disclose their involvement in cartel activities, potentially reducing or eliminating penalties.
Public Advocacy and Compliance
The DCCA engages in public education to promote awareness and compliance, especially among SMEs.
Important Notes:
The law aims to create a level playing field and promote innovation, efficiency, and consumer welfare.
The Competition Order applies to all commercial activities with an effect in Brunei, even if the conduct originates outside the country.
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