Competition Act · 2022 Revised Edition · Chapter 2
11. Agreements etc. preventing, restricting or distorting competition
Official textFrom Attorney General's Chambers, unchanged
Subject to section 12, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within
Brunei Darussalam are prohibited unless they are exempt in accordance with the provisions of this Part.
For the purposes of subsection (1), agreements, decisions or concerted practices may, in particular, have the object or effect of preventing, restricting or distorting competition within Brunei Darussalam if they —
directly or indirectly fix purchase or selling prices or any other trading conditions;
Competition
limit or control production, markets, technical development or investment;
share markets or sources of supply;
apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or
perform an act of bid rigging.
Any provision of any agreement or any decision which is prohibited by subsection (1) shall be void on or after the commencement date of this section to the extent that it infringes that subsection.
agreement
“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
Unless the context otherwise requires, a provision of this Act which is expressed to apply to, or in relation to, an agreement shall be read as applying, with the necessary modifications, equally to, or in relation to, a decision by an association of undertakings or a concerted practice.
concerted practice
“concerted practice” means any form of coordination between undertakings which knowingly substitutes practical co-operation between them for the risks of competition, and includes any practice which involves direct or indirect contact or communication between undertakings, the object or effect of which is either — (a) to influence the conduct of one or more undertakings in a market; or (b) to disclose the course of conduct which an undertaking has decided to adopt or is contemplating to adopt in a market, in circumstances where such disclosure would not have been made under normal conditions of competition;
Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after the commencement date of this section.
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;
concerted practice
Defined · s 2“concerted practice” means any form of coordination between undertakings which knowingly substitutes practical co-operation between them for the risks of competition, and includes any practice which involves direct or indirect contact or communication between undertakings, the object or effect of which is either — (a) to influence the conduct of one or more undertakings in a market; or (b) to disclose the course of conduct which an undertaking has decided to adopt or is contemplating to adopt in a market, in circumstances where such disclosure would not have been made under normal conditions of competition;
supply
Defined · s 2“supply” includes — (a) in relation to goods, the supply and re-supply, by way of sale, exchange, lease, hire or hire-purchase of the goods; and (b) in relation to services, the provision by way of sale, grant or conferment of the services;
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