Competition Act · s 34

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34.
Power to require documents or information
(1) Where the Commission —
(a) has reasonable grounds for suspecting that any feature, or combination of features, of a market in Brunei Darussalam for goods or services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in Brunei
Darussalam; or
(b) in considering an application for decision filed pursuant to section 26 or 27, has reasonable grounds for suspecting that —

Competition
(i) the section 23 prohibition will be infringed by any anticipated merger, if carried into effect; or
(ii) the section 23 prohibition has been infringed by any merger, the Commission may, by notice in writing to any person, require the person to produce to the Commission a specified document, or to provide the
Commission with specified information, which the Commission considers relates to any matter relevant to such purposes.
(2) A notice under subsection (1) shall indicate —
(a) the purpose for which the specified document or specified information is required by the Commission; and
(b) the nature of the offences created by Part 4.
(3) The Commission may specify in the notice —
(a) the time and place at which any document is to be produced or any information is to be provided; and
(b) the manner and form in which it is to be produced or provided.
(4) The power under this section to require a person to produce a document includes the power —
(a) if the document is produced —
(i) to take copies of it or extracts from it; and
(ii) to require such person, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document; or
(b) if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.
(5) For the purposes of subsection (1)(a), any reference to a feature of a market in Brunei Darussalam for goods or services shall be construed as a reference to —

Competition 40
(a) the structure of the market concerned or any aspect of that structure;
(b) any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned; or
(c) any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services.
(6) In this section —
“conduct” includes any failure to act (whether or not intentional)
and any other unintentional conduct;
“specified” means —
(a) specified or described in the notice; or
(b) falling within a category which is specified or described in the notice.

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s 34Power to require documents or information

(1)

Where the Commission —

(a)

has reasonable grounds for suspecting that any feature, or combination of features, of a market in Brunei Darussalam for goods or services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in Brunei

Darussalam; or

(b)

in considering an application for decision filed pursuant to section 26 or 27, has reasonable grounds for suspecting that —

Competition

(i)

the section 23 prohibition will be infringed by any anticipated merger, if carried into effect; or

(ii)

the section 23 prohibition has been infringed by any merger, the Commission may, by notice in writing to any person, require the person to produce to the Commission a specified document, or to provide the

Commission with specified information, which the Commission considers relates to any matter relevant to such purposes.

(2)

A notice under subsection (1) shall indicate —

(a)

the purpose for which the specified document or specified information is required by the Commission; and

(b)

the nature of the offences created by Part 4.

(3)

The Commission may specify in the notice —

(a)

the time and place at which any document is to be produced or any information is to be provided; and

(b)

the manner and form in which it is to be produced or provided.

(4)

The power under this section to require a person to produce a document includes the power —

(a)

if the document is produced —

(i)

to take copies of it or extracts from it; and

(ii)

to require such person, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document; or

(b)

if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.

(5)

For the purposes of subsection (1)(a), any reference to a feature of a market in Brunei Darussalam for goods or services shall be construed as a reference to —

Competition 40

(a)

the structure of the market concerned or any aspect of that structure;

(b)

any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned; or

(c)

any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services.

(6)

In this section —

“conduct” includes any failure to act (whether or not intentional)

and any other unintentional conduct;

“specified” means —

(a)

specified or described in the notice; or

(b)

falling within a category which is specified or described in the notice.