Competition Act · 2022 Revised Edition · Chapter 1
10. Application of Part
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding that —
an agreement referred to in section 11 has been entered into outside Brunei Darussalam;
any party to such agreement is outside Brunei Darussalam;
any undertaking abusing the dominant position referred to in section 21 is outside Brunei Darussalam;
an anticipated merger will be carried into effect outside
Brunei Darussalam;
a merger referred to in section 23 has taken place outside
Brunei Darussalam;
any party to an anticipated merger or any party involved in a merger is outside Brunei Darussalam; or
any other matter, practice or action arising out of such agreement, such dominant position, an anticipated merger or a merger is outside Brunei Darussalam,
Competition this Part shall apply to such party, agreement, abuse of dominant position, anticipated merger or merger if —
such agreement infringes or has infringed the section 11
prohibition;
such abuse infringes or has infringed the section 21
prohibition;
such anticipated merger, if carried into effect, will infringe the section 23 prohibition; or
such merger infringes or has infringed the section 23
prohibition, as the case may be.
In so far as this Part applies to an industry or a sector of industry that is subject to the regulation and control of another regulatory authority —
the exercise of powers by that other regulatory authority shall not be construed as derogating from the exercise of powers by the
Commission; and
the exercise of powers by the Commission shall not be construed as derogating from the exercise of powers by that other regulatory authority.
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations for the purpose of co-ordinating the exercise of powers by the Commission under this Part and the exercise of powers by any other regulatory authority referred to in subsection (2), and may, in particular, make regulations to provide for the procedure to be followed —
Minister
“Minister” means the Minister charged with the responsibility for general competition matters;
in determining in a particular case or category of cases whether the Commission should exercise its powers under this Part or the other regulatory authority should exercise its powers; and
where the Commission and the other regulatory authority may exercise their respective powers concurrently or conjunctively.
Competition 18
Nothing in this Part shall apply to any activity carried on by, any agreement entered into or any conduct on the part of —
agreement
“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
the Government;
any statutory body; or
any person acting on behalf of the Government or that statutory body, as the case may be, in relation to that activity, agreement or conduct.
Notwithstanding subsection (4), this Part applies to —
such statutory body or person acting on behalf of such statutory body; or
such activity carried on, agreement entered into or conduct engaged in, by a statutory body or person acting on behalf of the statutory body in relation to such activity, agreement or conduct, as the Minister may, by order published in the Gazette, prescribe.
In this section, “statutory body” means a body corporate established by or under any written law.
Terms defined in s 2
agreement
Defined · s 2“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
anticipated merger
Defined · s 2“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 23(2);
dominant position
Defined · s 2“dominant position” means a situation in which one or more undertakings possess such significant power in a market to adjust prices or outputs or trading terms, without effective constraint from competitors or potential competitors within Brunei Darussalam or elsewhere;
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for general competition matters;
party involved in a merger
Defined · s 2“party involved in a merger” means a person or an undertaking specified in section 23(2) and includes the merged entity;
party to an anticipated merger
Defined · s 2“party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 23(2) if the anticipated merger were carried into effect;
section 11 prohibition
Defined · s 2“section 11 prohibition” means the prohibition referred to in section 11(1);
section 21 prohibition
Defined · s 2“section 21 prohibition” means the prohibition referred to in section 21(1);
section 23 prohibition
Defined · s 2“section 23 prohibition” means the prohibition referred to in section 23(1);
undertaking
Defined · s 2“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
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