Competition Act · 2022 Revised Edition · Chapter 6
34. Power to require documents or information
Official textFrom Attorney General's Chambers, unchanged
Where the Commission —
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
in considering an application for decision filed pursuant to section 26 or 27, has reasonable grounds for suspecting that —
Competition
the section 23 prohibition will be infringed by any anticipated merger, if carried into effect; or
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.
A notice under subsection (1) shall indicate —
the purpose for which the specified document or specified information is required by the Commission; and
the nature of the offences created by Part 4.
The Commission may specify in the notice —
the time and place at which any document is to be produced or any information is to be provided; and
the manner and form in which it is to be produced or provided.
The power under this section to require a person to produce a document includes the power —
if the document is produced —
to take copies of it or extracts from it; and
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
if the document is not produced, to require such person to state, to the best of his knowledge and belief, where it is.
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 —
goods
“goods” means property of every kind, whether tangible or intangible and includes — (a) all kinds of movable property; (b) buildings and other structures; (c) vessels and vehicles; (d) utilities; (e) minerals, trees and crops, whether on, under or attached to land or not; (f) animals, including fish; and (g) chose in action;
Competition 40
the structure of the market concerned or any aspect of that structure;
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
any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services.
In this section —
“conduct” includes any failure to act (whether or not intentional)
and any other unintentional conduct;
“specified” means —
specified or described in the notice; or
falling within a category which is specified or described in the notice.
Terms defined in s 2
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);
document
Defined · s 2“document” has the same meaning as in section 2 of the Evidence Act and includes information recorded in any form;
goods
Defined · s 2“goods” means property of every kind, whether tangible or intangible and includes — (a) all kinds of movable property; (b) buildings and other structures; (c) vessels and vehicles; (d) utilities; (e) minerals, trees and crops, whether on, under or attached to land or not; (f) animals, including fish; and (g) chose in action;
section 23 prohibition
Defined · s 2“section 23 prohibition” means the prohibition referred to in section 23(1);
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;
Part
Offences
Part
Competition Appeal Tribunal
Part