The Competition and Consumer Protection (Amendment) Act, 2023

Competition and Consumer
Protection (Amendment) [No. 21 of 2023 363
An Act to amend the Competition and Consumer
Protection Act, 2010.
[26th December, 2023
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Competition and Consumer
Protection (Amendment) Act, 2023, and shall be read as one with
the Competition and Consumer Protection Act, 2010, in this Act
referred to as the principal Act.
2. Section 2 of the principal Act is amended by the—
(a) deletion of the definitions of “re-sale price maintenance”,
“statutory monopoly”, and “Zambia Bureau of
Standards” and the substitution therefor of the following:
“resale price maintenance” means a vertical
agreement whose object or effect is to directly or
indirectly fix a selling price to be used by the dealer
when re-selling goods to customers;
“statutory monopoly” means an enterprise controlled,
or an activity conducted, by an entity whether or
Amendment
of section 2
Short title
Enactment
Act No. 24 of
2010
GOVERNMENT OF ZAMBIA
ACT
No. 21 of 2023
Date of Assent: 22nd December, 2023
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K76.00 each.

of Assent: 22nd December, 2023
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K76.00 each.

not owned wholly or partly by the State, on the
basis of statutory provisions that preclude other
entities from conducting the same activity; and
“Zambia Bureau of Standards” means the Zambia
Bureau of Standards established under the
Standards Act, 2017;
(b) insertion of the following new definitions in the appropriate
places in alphabetical order:
“COMESA” means the Common Market for Eastern
and Southern Africa, formerly the Preferential
Trade Area, established by the COMESA Treaty
which was signed on 5th November, 1993 and was
ratified by Zambia on 8th December, 1994;
“COMESA Competition Regulations” means the
COMESA Competition Regulations promulgated
in 2004 by the COMESA Council of Ministers;
“core assets” means essential assets and includes
important or valuable property without which a
company is unable to carry on its normal
operations;
“trade association” includes a business association,
professional association and an interest group with
a common business purpose;
“unconscionable” includes a conduct of price gouging,
selling of goods and services of unacceptable low
quality and other unfair trading practice that defies
good conscience and is harsh and oppressive to
the consumer; and
“Zambia Compulsory Standards Agency” means the
Zambia Compulsory Standards Agency established
under the Compulsory Standards Act, 2017.

consumer; and
“Zambia Compulsory Standards Agency” means the
Zambia Compulsory Standards Agency established
under the Compulsory Standards Act, 2017.

3. Section 3 of the principal Act is amended—
(a) by the insertion of the following new subsection
immediately after subsection (2):
(3) The COMESA Competition Regulations
set out in the Third Schedule apply to an economic
activity impacting the Republic and having an effect
within the economies of not less than two Member
States of COMESA. Act No. 4 of
2017
Amendment
of
section 3
Competition and Consumer
364 No. 21 of 2023] Protection (Amendment)
Act No. 3 of
2017

ember
States of COMESA. Act No. 4 of
2017
Amendment
of
section 3
Competition and Consumer
364 No. 21 of 2023] Protection (Amendment)
Act No. 3 of
2017

(b) in subsection (3) (e), by the insertion of the following
new subparagraph immediately after subparagraph (iii):
(iv) the enterprise does not engage in conduct that
contravenes Part VII of this Act; and
(c) by the renumbering of subsections (3) and (4) as
subsections (4) and (5), respectively. 4. Section 5 of the principal Act is amended—
(a) in paragraph (c), by the insertion of the words “of market
power” immediately after the word “positions”;
(b) by the insertion of the following new paragraph
immediately after paragraph (k):
(l) review, in consulation with an appropriate
authority, an application for relocation of core
assets of an enterprise from the Republic; and
(c) by the renumbering of paragraph (l) as paragraph (m). 5. The principal Act is amended by the insertion of the following
new section immediately after section 5:
5A. (1) Subject to the other provisions of this Act, the
Board shall perform the functions of the Commission and
provide strategic policy direction to the Commission.

to the other provisions of this Act, the
Board shall perform the functions of the Commission and
provide strategic policy direction to the Commission.

(2) Despite the generality of subsection (1), the functions of
the Board are to—
(a) oversee the implementation and successful operation
of the policies, programmes and strategies of the
Commission;
(b) monitor and evaluate the performance of the
Commission against the plans and budget;
(c) approve the annual workplan, action plan and activity
reports of the Commission; and
(d) approve the budget estimates and financial
statements of the Commission. (3) The Board may, subject to this Act, by direction, in writing
and subject to any terms and conditions, delegate to the Executive
Director any of its functions under this Act. 6. Section 7 (4) of the principal Act is amended by the insertion
of the following new paragraph immediately after paragraph (g):
(h) seize and retain for use as evidence, goods offered,
exposed or sold in violation of this Act. Amendment
of section 5
Insertion of
section 5A
Functions of
Board
Amendment
of section 7
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 365

ent
of section 5
Insertion of
section 5A
Functions of
Board
Amendment
of section 7
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 365

7. The principal Act is amended by the repeal of section 8 and
the substitution therefor of the following:
8. (1) An enterprise, a group of enterprises or a trade
association shall not enter into an agreement or undertake a
concerted practice which has, as its objective or effect, the
prevention, restriction or distortion of competition to an
appreciable extent in the relevant market. (2) An enterprise, a group of enterprises or a trade
association that contravenes subsection (1), is liable to pay
the Commission a penalty not exceeding ten percent of that
enterprise, group of enterprises or trade association’s annual
turnover. 8. Section 14 (1) of the principal Act is amended—
(a) in paragraph (a), by the deletion of the word “thirty” and
the substitution therefor of the word “fifteen”; and
(b) in paragraph (b), by the deletion of the word “fifteen” and
the substitution therefor of the word “thirty”. 9. The principal Act is amended by the repeal of section 17
and the substitution therefor of the following:
17.

itution therefor of the word “thirty”. 9. The principal Act is amended by the repeal of section 17
and the substitution therefor of the following:
17.

The Minister may, on the advice of the Commission,
prescribe the procedure for determining the relevant market
within which the share of supply or acquisition thresholds are
to be met under this Act. 10. The principal Act is amended by the insertion of the
following new sections immediately after section 23:
23A. (1) An enterprise shall not relocate core assets
from the Republic to another State without the approval of
the Commission. (2) An enterprise which contravenes subsection (1)
is liable to pay the Commission a penalty not exceeding ten
percent of that enterprise’s annual turnover. 23B. (1) An enterprise which intends to relocate core
assets from the Republic to another State shall apply to the
Commission for authorisation in the prescribed manner and
form on payment of a prescribed fee. (2) The Commission shall, within thirty days of receipt
of an application under subsection (1), aprove or reject the
application.

of a prescribed fee. (2) The Commission shall, within thirty days of receipt
of an application under subsection (1), aprove or reject the
application.

Repeal and
replacement
of section 8
Prohibition
of anti-
competitive
practice,
agreement or
decision
Amendment
of section 14
Repeal and
replacement
of section 17
Determination
of
relevant
market
Insertion of
sections
23A and 23B
Prohibition
of relocation
of core
assets
without
authorisation
Application
for
authorisation
to relocate
core assets
Competition and Consumer
366 No. 21 of 2023] Protection (Amendment)

assets
without
authorisation
Application
for
authorisation
to relocate
core assets
Competition and Consumer
366 No. 21 of 2023] Protection (Amendment)

(3) The Commission shall, where it rejects an application
under subsection (2), inform the applicant, in writing, stating
the reasons for the rejection. (4) The Commission shall, where it approves an
application under subsection (1), notify the applicant of the
approval in the prescribed form. 11. Section 24 of the principal Act is amended—
(a) in subsection (3), by the insertion of the following new
paragraphs immediately after paragraph (g):
(h) buys or leases the core assets of another
enterprise;
(i) has a market presence or a market turnover which
is attributed to the assets bought or leased from
another enterprise; or
(j)controls the assets bought or leased.; and
(b) by the insertion of the following new subsection
immediately after subsection (3):
(4) The Commission shall, for the purpose of establishing
control of assets, issue guidelines for determining
market presence or market turnover referred to
under subsection (3) (i). 12. The principal Act is amended by the insertion of the
following new section immediately after section 34:
34A.

eferred to
under subsection (3) (i). 12. The principal Act is amended by the insertion of the
following new section immediately after section 34:
34A.

(1) An enterprise shall—
(a) submit to the Commission correct information in
relation to an assessment of a proposed merger;
and
(b) comply with conditions stated in a determination or
with an undertaking given as a condition of an
approved merger under section 34. (2) An enterprise which contravenes subsection (1)
is liable to pay the Commission a penalty not exceeding ten
percent of the enterprise’s annual turnover. (3) The Commission may, in addition to the penalty
under subsection (2), revoke an approved merger. 13. The principal Act is amended by the repeal of section 35
and the substitution therefor of the following:
35. (1) The Commission may, where an enterprise fails
to comply with section 34A, revoke an approved merger in
the prescribed manner and form. Amendment
of section 24
Insertion of
section 34A
Compliance
with
conditions
and
undertakings
of
merger
Repeal and
replacement
of section 35
Revocation
of merger
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 367

d
undertakings
of
merger
Repeal and
replacement
of section 35
Revocation
of merger
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 367

(2) The Commission shall, before revoking an approved
merger under subsection (1), notify a party to the merger,
and any other person who is likely to have an interest in the
matter of its intention to revoke the approved merger giving
reasons for the Commission’s decision and requesting that
party or person to, within thirty days of receipt of the notice,
remedy the contravention or show cause why the approved
merger should not be revoked. (3) The Commission shall not revoke an approved merger
if the parties to the approved merger or any other person
who is likely to have an interest in the matter take remedial
measures to the satisfaction of the Commission within the
period specified under subsection (2). (4) The Commission shall, where the party or person fails
to correct the contravention, or to show cause why the merger
should not be revoked within the period specified under
subsection (2), revoke the approved merger. 14. The principal Act is amended by the repeal of section 37
and the substitution therefor of the following:
37.

tion (2), revoke the approved merger. 14. The principal Act is amended by the repeal of section 37
and the substitution therefor of the following:
37.

(1) An enterprise commits an offence if that
enterprise—
(a) implements a merger without the approval of the
Commission; or
(b) implements a merger that is rejected by the
Commission. (2) An enterprise that contravenes subsection (1) is liable
to a fine not exceeding ten percent of its annual turnover. 15. Section 42 of the principal Act is amended by the deletion
of the words “Part III” and the substitution therefor of the words
“this Act”. 16. Section 43 of the principal Act is amended by the insertion
of the words “and consumer protection” immediately after the word
“competition”. 17. The principal Act is amended by the repeal of section 45
and the substitution therefor of the following:
45. A trading practice is unfair and thereby distorts, or is
likely to distort, the purchasing decisions of consumers if the
trading practice—
(a) misleads consumers;
Repeal and
replacement
of
section 37
Offences
relating to
mergers
Amendment
of
section 42
Amendment
of
section 43
Repeal and
replacement
of section 45
Definition of
unfair trading
practice
Competition and Consumer
368 No. 21 of 2023] Protection (Amendment)

tion 43
Repeal and
replacement
of section 45
Definition of
unfair trading
practice
Competition and Consumer
368 No. 21 of 2023] Protection (Amendment)

(b) compromises the standards of honesty and good faith
which an enterprise can reasonably be expected
to meet;
(c) is unconscionable; or
(d) places pressure on consumers by use of harassment
or coercion. 18. Section 46 of the principal Act is amended—
(a) by the deletion of subsection (2) and the substitution therefor
of the following:
(2) A person who, or an enterprise which,
contravenes subsection (1) is liable to pay the
Commission-—
(a) in the case of a person, a penalty not
exceeding one hundred and fifty thousand
penalty units; or
(b) in the case of an enterprise, a penalty not
exceeding ten percent of the enterprise’s
annual turnover; and
(b) by the insertion of the following new subsetion immediately
after subsection (2):
(3) A person who, or an enterprise which,
contravenes subsection (1) shall, in addition to a
penalty under subsection (2), refund the consumer
the price paid for the goods or services or replace
the goods or perform the service to a reasonable
standard. 19. The principal Act is amended by the repeal of section 47
and the substitution therefor of the following:
47.

the service to a reasonable
standard. 19. The principal Act is amended by the repeal of section 47
and the substitution therefor of the following:
47.

(1) A person or an enterprise shall not make a—
(a) false representation that—
(i) goods are of a particular standard, quality, value,
grade, composition, style or model or have a
particular history or previous use;
(ii) services are of a particular standard, quality, value
or grade;
(iii) any goods are new;
(iv) a particular person has agreed to acquire goods
or services; or
(v) goods or services have sponsorship, approval,
affiliation, performance characteristics,
accessories, uses or benefits that they do not
have; or
Amendment
of
section 46
Repeal and
replacement
of section 47
False or
misleading
representations
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 369

ection 46
Repeal and
replacement
of section 47
False or
misleading
representations
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 369

(b) false or misleading representation concerning the—
(i) price of any goods or services;
(ii) availability of facilities for the repair of any goods
or of spare parts for goods;
(iii) place of origin of any goods;
(iv) need for any goods or services; or
(v) existence, exclusion or effect of any condition,
warranty, guarantee, right or remedy. (2) A person who, or an enterprise which, contravenes
subsection (1) is liable to pay the Commission—
(a) in the case of a person, a penalty not exceeding one
hundred and fifty thousand penalty units; or
(b) in the case of an enterprise, a penalty not exceeding
ten percent of that enterprise’s annual turnover. (3) The Commission shall, in addition to penalty under
subsection (2), order the person or enterprise to refund the
consumer the money paid for the goods or services or replace
the goods or perform the services to a reasonable standard. 20.

enterprise to refund the
consumer the money paid for the goods or services or replace
the goods or perform the services to a reasonable standard. 20.

Section 48 of the principal Act is amended—
(a) in subsection (1), by the insertion of the words “or platform”
immediately after the word “premises”; and
(b) by the deletion of subsection (2) and the substitution therefor
of the following:
(2) A person who, or an enterprise which,
contravenes subsection (1) is liable to pay the
Commission—
(a) in the case of a person, a penalty not
exceeding one hundred and fifty thousand
penalty units; or
(b) in the case of an enterprise, a penalty not
exceeding ten percent of that enterprise’s
annual turnover. 21. Section 49 of the principal Act is amended—
(a) by the deletion of subsection (2) and the substitution
therefor of the following:
(2) A person who, or an enterprise which,
contravenes subsection (1) commits an offence and
is liable, on conviction—
(i) in the case of a person, to a penalty not
exceeding five hundred thousand penalty
units; or
Amendment
of
section 48
Amendment
of
section 49
Competition and Consumer
370 No. 21 of 2023] Protection (Amendment)

hundred thousand penalty
units; or
Amendment
of
section 48
Amendment
of
section 49
Competition and Consumer
370 No. 21 of 2023] Protection (Amendment)

(ii) in the case of an enterprise, to a penalty
not exceeding ten percent of that
enterprise’s annual turnover.;
(b) in subsection (3)(a), by the insertion of the words “or an
agreed reasonable time” after the words “seven days” ;
and
(c) by the deletion of subsection (7) and the substitution
therefor of the following:
(7) In addition to the penalty under subsection
(6), a person or an enterprise shall, within fourteen
days of the provision of the service concerned, refund
the consumer the money paid for the service or
perform the service to a reasonable standard. 22. Section 50 of the principal Act is amended—
(a) in subsection (1), by the deletion of the words “label to
clearly indicate the product name,” and the substitution
therefor of the words “label in the official language to
clearly indicate the product description,”; and
(b) in subsection (2), by the deletion of the words “Zambia
Bureau of Standards” and the substitution therefor of
the words “Zambia Compulsory Standards Agency”. 23. The principal Act is amended by the repeal of section 51
and the substitution therefor of the following:
51.

“Zambia Compulsory Standards Agency”. 23. The principal Act is amended by the repeal of section 51
and the substitution therefor of the following:
51.

(1) A person or an enterprise shall not charge a
consumer more than the price indicated on the product or
service. (2) Where a person or an enterprise displays more than
one price for a product or service at the same time, that person
or enterprise shall sell the product or charge for the service
at the lowest price displayed. (3) A person who, or an enterprise which, contravenes
subsections (1) and (2) is liable to pay the Commission—
(a) in the case of a person, a penalty not exceeding fifty
thousand penalty units; and
(b) in the case of an enterprise, a penalty not exceeding
ten percent of that enterprise’s annual turnover. (4) In addition to the penalty under subsection (3)—
(a) a person who, or an enterprise which, charges a
consumer more than the price indicated on the
product or service shall refund the consumer the
difference between the price indicated and the
actual price paid; and
Amendment
of
section 50
Repeal and
replacement
of section 51
Prohibition
for charging
more than
displayed
price
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 371

l and
replacement
of section 51
Prohibition
for charging
more than
displayed
price
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 371

(b) a person who, or an enterprise which, displays more
than one price for a product or service at the same
time and sells the product or charges for the service
at the highest price displayed shall refund the
consumer the difference between the lowest price
and the highest price displayed. (5) Subject to the Bank of Zambia Act, 2022, the price on a
product or service shall be displayed in the legal tender of the
Republic. 24.

displayed. (5) Subject to the Bank of Zambia Act, 2022, the price on a
product or service shall be displayed in the legal tender of the
Republic. 24.

Section 52 of the principal Act is amended—
(a) by the deletion of subsection (1) and the substitution
therefor of the following:
(1) A person or an enterprise shall not—
(a) sell any goods to consumers unless the goods
conform to the standards approved by the
Zambia Bureau of Standards or Zambia
Compulsory Standard Agency under the
Standards Act, 2017, or the Compulsory
Standards Act, 2017, respectively, or any
other relevant competent body; or
(b) expose for sale, supply, import, or display a
product that is expired, has exceeded its
“best before” date, “use by” date, or “sell
by” date, or has otherwise exceeded its
shelf life.;
(b) by the deletion of subsection (2)(b), and the substitution
therefor of the following:
(b) to pay the Commission a penalty not exceeding ten
percent of that enterprise’s annual turnover.;
(c) in subsection (3) (a), by the insertion of the words “or
compliance” immediately after the word “conformity”;
and
(d) in subsection (4), by the insertion of the words “Zambia
Compulsory Standards Agency, the” immediately after
the words “after consulting the”. 25.

(d) in subsection (4), by the insertion of the words “Zambia
Compulsory Standards Agency, the” immediately after
the words “after consulting the”. 25.

Section 55 of the principal Act is amended—
(a) by the deletion of subsection (5) and the substitution
therefor of the following:
(5) A person who, or an enterprise which,
contravenes subsection (4), is liable to pay the
Commission—
Act No. 5 of
2022
Amendment
of
section 52
Act No. 4 of
2017
Act No. 3 of
2017
Amendment
of
section 55
Competition and Consumer
372 No. 21 of 2023] Protection (Amendment)

mendment
of
section 52
Act No. 4 of
2017
Act No. 3 of
2017
Amendment
of
section 55
Competition and Consumer
372 No. 21 of 2023] Protection (Amendment)

(a) in the case of a person, a penalty not
exceeding one hundred thousand penalty
units; or
(b) in the case of an enterprise, a penalty not
exceeding ten percent of that enterprise’s
annual turnover.; and
(b) in subsection (11), by the insertion of the words “or review”
immediately after the word “investigate”. 26. Section 57 of the principal Act is amended by the deletion
of subsections (2), (3) and (4) and the substitution therefor of the
following:
(2) The Commission shall, on entering into a consent
agreement with an enterprise under subsection (1), submit
the consent agreement to the Tribunal for confirmation. (3) The Tribunal may, on receipt of the consent
agreement under subsection (2)—
(a) give its confirmation; or
(b) return the matter to the Commission with an indication
of any areas of concern to be addressed before
the Tribunal confirms the agreement. (4) An undertaking made by an enterprise to the
Commission shall—–
(a) be communicated to the parties in writing in
the form of a decision of the Board; and
(b) have the effect as if it were a directive of
the Board. 27.

be communicated to the parties in writing in
the form of a decision of the Board; and
(b) have the effect as if it were a directive of
the Board. 27.

The principal Act is amended by the repeal of section 58
and the substitution therefor of the following:
58. (1) The Commission may, where anti-competitive
conduct or an unfair trading practice falls within the scope of
this Act, give an enterprise directions, in writing, that the
Commission considers appropriate to ensure that the enterprise
ceases to engage in that anti-competitive conduct or unfair
trading practice. (2) A direction under subsection (1) may, in particular,
require an enterprise to cease to engage in the anti-competitive
conduct or unfair trading practice within a period that may be
specified by the Commission. Amendment
of
section 57
Repeal and
replacement
of section 58
Directions
relating to
anti
competitive
business
practices and
unfair trading
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 373

n 58
Directions
relating to
anti
competitive
business
practices and
unfair trading
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 373

(3) Subject to subsection (1), the Commission may make
an order imposing a financial penalty on the enterprise not
exceeding ten percent of that enterprise’s annual turnover
during the period of the breach of the prohibition up to a
maximum period of five years. 28. Section 59 (1) of the principal Act is amended by the
deletion of the words “after review” immediately after the word
“determines”. 29. Section 64 of the principal Act is amended by the insertion
of the following new subsection immediately after subsection (3):
(4) A mandatory order of the Tribunal may be served, executed
and enforced as if it were an order of the High Court. 30.

diately after subsection (3):
(4) A mandatory order of the Tribunal may be served, executed
and enforced as if it were an order of the High Court. 30.

Section 65 of the principal Act is amended by the—
(a) deletion of the marginal note and the substitution therefor
of the following:
“Enforcement at request of foreign authority”; and
(b) deletion of subsection (1) and the substitution therefor of
the following:
(1) Subject to subsection (2), a foreign
competition or consumer protection authority may,
where the foreign competition or consumer protection
authority has reasonable grounds to believe that an
anti competitive or unfair trading practice in the
Republic is damaging competition or consumer
welfare in the country of that foreign competition or
consumer protection authority, request the
Commission to investigate and make an appropriate
determination. 31. Section 67 of the principal Act is amended by the insertion
of the following new subsection immediately after subsection (6):
(7) A member shall, on the expiration of the period for
which that member is appointed, continue to hold office until
a successor is appointed but in no case shall the further period
exceed three months. 32. The principal Act is amended by the repeal of section 75
and the substitution therefor of the following:
75.

e further period
exceed three months. 32. The principal Act is amended by the repeal of section 75
and the substitution therefor of the following:
75.

A person who, or an enterprise which, is aggrieved
with a decision of the Tribunal may appeal to the Court of
Appeal within thirty days of the determination of the matter. Amendment
of
section 59
Amendment
of
section 64
Amendment
of
section 65
Amendment
of section 67
Repeal and
replacement
of section 75
Appeal to
Court of
Appeal
Competition and Consumer
374 No. 21 of 2023] Protection (Amendment)

33. The principal Act is amended by the insertion of the Third
Schedule set out in the Appendix.
34. The principal Act is amended by the deletion of the words
“to pay the Commission a fine”, wherever the words appear and
the substitution therefor of the words “to pay the Commission a
penalty.
Insertion of
Third
Schedule
General
amendment
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 375

ds “to pay the Commission a
penalty.
Insertion of
Third
Schedule
General
amendment
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 375

APPENDIX
(Section 33)
THIRD SCHEDULE
(Section 3)
ARRANGEMENT OF ARTICLES
Preamble
Part 1: Preliminary
Article
1. Definitions and Interpretation
2. Purpose of the Regulations
3. Scope of Application
4. Exclusions
5. Obligations of Member States
Part 2: Institutional Arrangements
6. Establishment of the Commission
7. Functions of the Commission
8. Powers of the Commission
9. Appointment and Duties of Director
10. Removal of Director
11. Staff of the Commission
12. Board of Commissioners
13. Composition of the Board of Commissioners
14. Tenure of Commissioners
15. Functions of the Board
Part 3: Anti-Competitive Business Practices and Conduct
16. Restrictive Business Practices
17. Determination of a Dominant Position
18. Abuse of a Dominant Position
19. Prohibited Practices
20. Request for Authorisation
21. Determination of Anti-Competitive Conduct: Procedure of Commission on Request
22. Determination of Anti-Competitive Conduct: Procedure of Commission on its own
initiative
Part 4: Mergers and Acquisitions
23. Merger Control
24. Notification of a Proposed Merger
Competition and Consumer
376 No. 21 of 2023] Protection (Amendment)

Mergers and Acquisitions
23. Merger Control
24. Notification of a Proposed Merger
Competition and Consumer
376 No. 21 of 2023] Protection (Amendment)

25. Merger Proceedings
26. Consideration of a Merger
Part 5: Consumer Protection
27. False or Misleading Representation
28. Unconscionable Conduct in Consumer Transactions
29. Unconscionable Conduct in Business Transactions
30. Warning Notice to the Public
31. Product Safety Standards and Unsafe Goods
32. Product Information Standards
33. Compulsory Product Recall
34. Power of Commission to declare Product Safety or Information Standards
35. Liability in Respect of Unsuitable Goods
36. Liability for Defective Goods Causing Injury or Loss
37. Unidentified Manufacturer
38. Defences
39. Rules
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 377

Goods Causing Injury or Loss
37. Unidentified Manufacturer
38. Defences
39. Rules
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 377

PREAMBLE
HAVING REGARD TO Article 55 of the Treaty establishing the Common Market for Eastern
and Southern Africa (COMESA) (hereinafter referred to as “the Treaty”);
RECOGNISING that anti-competitive practices may constitute an obstacle to the achievement
of economic growth, trade liberalisation and economic efficiency in the COMESA Member
States;
THAT the continued growth in regionalisation of business activities correspondingly increases
the likelihood that anti-competitive practices in one country may adversely affect competition
in another country;
THE NEED for Member States to give effect to the principles of a Regional Competition
Regulations and Rules and to use moderation and self-restraint in the interest of co-operation
in the field of anti-competitive business practices;
THE DESIRABILITY of setting standards for procedures by which the regional competition
agency can act as a forum for exchange of views, consultations and conciliation on matters related
to anti-competitive practices affecting COMESA regional and international trade;
THAT THE GROWTH of foreign direct investment, trade, regional and sub-regional
economic integration and co-operation have led to such restrictive business practices as
price cartels, market sharing and other practices which adversely impact upon competition and
therefore are inimical to consumer welfare;
CONSIDERING thereof that Member States should co-operate at regional level in the
implementation of their respective national legislation in order to eliminate the harmful effects of
anti-competitive practices;
CONSIDERING also that closer co-operation between COMESA Member States in the
form of notification, exchange of information, co-ordination of actions, consultation
among Member States should be encouraged;
CONSCIOUS of the relative presence of national competition authorities in Member States
and the desirability of establishing national competition authorities in all COMESA Member
States;
THE MEMBER STATES HAVE AGREED AS FOLLOWS:
Competition and Consumer
378 No.

establishing national competition authorities in all COMESA Member
States;
THE MEMBER STATES HAVE AGREED AS FOLLOWS:
Competition and Consumer
378 No.

21 of 2023] Protection (Amendment)

21 of 2023] Protection (Amendment)

PART 1
PRELIMINARY
Article 1
Definitions and Interpretation
In these Regulations, unless the context provides otherwise:
“Anti-competitive” means a conduct which appreciably restrains competition between the
Member States and is not otherwise exempt by law or authorised in a manner required by the
Regulations;
“Arrangement” includes a contract, agreement or understanding whether or not legally
enforceable;
“Board” means the Board of Commissioners as established by Article 12 of these Regulations;
“Commission” means the COMESA Competition Commission established by Article 6 of these
Regulations;
“Commissioner” means a member of the Board of Commissioners;
“Common Market” means the Common Market for Eastern and Southern Africa
(COMESA) established by Article 1 of the “Treaty”;
“Competition” means the striving or potential striving of two or more persons or
organisations engaged in production, distribution, supply, purchase or consumption of goods
and services in a given market against one another which results in greater efficiency, high
economic growth, increasing employment opportunities, lower prices and improved choice for
consumers;
“Concerted practice” means an action planned and done in unison by a firm or combination
of firms which is anti-competitive;
“Consumer” includes any person—
(a) who purchases or offers to purchase goods otherwise than for the purpose of
resale but does not include a person who purchases any goods for the purpose
of using them in the production and manufacture of any other goods or articles for
sale; and
(b) to whom a service is rendered;
“Council” means the Council of Ministers of the Common Market established by Article
7 of the “Treaty”;
“Court” means the Court of Justice of the Common Market established by Article 7 of the
“Treaty”;
“Dominant position” means a dominant position as stipulated in Article 17 of these
Regulations;
“Goods” when used with respect to particular goods, includes any other goods that are
reasonably capable of being substituted for them, taking into account ordinary commercial
practice and geographical, technical and temporal constraints;
“Market” means a market in the Common Market and, when used in relation to any goods or
services, includes a market for those goods or services and other goods or services that are
substitutable for, or otherwise competitive with, the first-mentioned goods or services;
“Merger” means merger as defined in Article 23 of these Regulations;
“Member State” means a Member State of the Common Market;
Competition and Consumer
Protection (Amendment) [No.

ned in Article 23 of these Regulations;
“Member State” means a Member State of the Common Market;
Competition and Consumer
Protection (Amendment) [No.

21 of 2023 379

21 of 2023 379

“Person” means a natural or legal person;
“Respondent party” means a “person” against whom a complaint of a prohibited practice has
been initiated under these Regulations;
“Secretary-General” means the Secretary General of the Common Market;
“Services” includes the sale of goods, where the goods are sold in conjunction with the rendering
of a service;
“Trade” includes any business, industry, profession or occupation relating to the supply or
acquisition of “goods” or “services”;
“Treaty” means the Treaty establishing the Common Market for Eastern and Southern
Africa;
“Undertaking” includes any “person”, public or private, involved in the production of, or the
trade in, goods, or the provision of services. Article 2
Purpose of the Regulations
1. The purpose of these Regulations is to promote and encourage competition by
preventing restrictive business practices and other restrictions that deter the efficient
operation of markets, thereby enhancing the welfare of the consumers in the Common Market,
and to protect consumers against offensive conduct by market actors. Article 3
Scope of Application
1.

welfare of the consumers in the Common Market,
and to protect consumers against offensive conduct by market actors. Article 3
Scope of Application
1.

These Regulations apply to all economic activities whether conducted by private or public
persons within, or having an effect within, the Common Market, except for those activities as
set forth under Article 4. 2. These Regulations apply to conduct covered by Parts 3, 4 and 5 which have an
appreciable effect on trade between Member States and which restrict competition in the Common
Market. 3. These Regulations shall have primary jurisdiction over an industry or a sector of an
industry which is subject to the jurisdiction of a separate regulatory entity (whether domestic or
regional) if the latter regulates conduct covered by Parts 3 and 4 of these Regulations. This
Article does not apply to conduct expressly exempted by national legislation. Article 4
Exclusions
1.

ered by Parts 3 and 4 of these Regulations. This
Article does not apply to conduct expressly exempted by national legislation. Article 4
Exclusions
1.

These Regulations shall not apply to:
(a) Arrangements for collective bargaining on behalf of employers and employees
for the purpose of fixing terms and conditions of employment;
(b) Activities of trade unions and other associations directed at advancing the terms and
conditions of employment of their members;
(c) Activities of professional associations designed to develop or enforce professional
standards reasonably necessary for the protection of the public interest. 2. These Regulations do not derogate from the direct enjoyment of the privileges and
protections conferred by other laws protecting intellectual property, including inventions,
industrial models, trademarks and copyrights. They do apply to the use of such property in such
a manner as to cause the anti- competitive effects prohibited herein. Competition and Consumer
380 No. 21 of 2023] Protection (Amendment)

erty in such
a manner as to cause the anti- competitive effects prohibited herein. Competition and Consumer
380 No. 21 of 2023] Protection (Amendment)

Article 5
Obligations of Member States
1. Pursuant to Article 5(2)(b) of the Treaty, Member States shall take all appropriate
measures, whether general or particular, to ensure fulfillment of the obligations arising out of
these Regulations or resulting from action taken by the Commission under these Regulations.
They shall facilitate the achievement of the objects of the Common Market. Member States shall
abstain from taking any measure which could jeopardize the attainment of the objectives of
these Regulations.
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 381

sure which could jeopardize the attainment of the objectives of
these Regulations.
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 381

PART 2
INSTITUTIONAL ARRANGEMENTS
Article 6
Establishment of the Commission
1. There is hereby established the COMESA Competition Commission which shall enjoy
international legal personality. 2. The Commission shall have in the territory of each Member State:
(a) the legal capacity required for the performance of its functions under the Treaty; and
(b) power to acquire or dispose of movable and immovable property in accordance
with the laws and regulations in force in each Member State. Article 7
Functions of the Commission
1. The Commission shall apply the provisions of these Regulations with regard to trade
between Member States and be responsible for promoting competition within the Common
Market. 2.

e provisions of these Regulations with regard to trade
between Member States and be responsible for promoting competition within the Common
Market. 2.

In order to accomplish that which is set out in paragraph 1 above, the Commission
shall:
(a) monitor and investigate anti-competitive practices of undertakings within the
Common Market, and mediate disputes between Member States concerning anti-
competitive conduct;
(b) regularly review regional competition policy so as to advise and make representations
to the Council with a view to improving on the effectiveness of the Regulations;
(c) help Member States promote national competition laws and institutions, with the
objective of the harmonisation of those national laws with the regional Regulations
to achieve uniformity of interpretation and application of competition law and
policy within the Common Market;
(d) co-operate with competition authorities in Member States;
(e) co-operate and assist Member States in the implementation of its decisions;
(f) provide support to Member States in promoting and protecting consumer welfare;
(g) facilitate the exchange of relevant information and expertise;
(h) enter into such arrangements as will enhance its ability to monitor and investigate
the impact of conduct outside the Common Market but which nevertheless has,
or may have, an impact on trade between Member States;
(i) be responsible for developing and disseminating information about
competition policy and consumer protection policy; and
(j) co-operate with other agencies that may be established or recognised by COMESA to
monitor and regulate any specific sector.

protection policy; and
(j) co-operate with other agencies that may be established or recognised by COMESA to
monitor and regulate any specific sector.

Article 8
Powers of the Commission
1. The Commission may, in respect of trade between Member States, monitor, investigate,
detect, make determinations or take action to prevent, inhibit and/or penalise undertakings. Competition and Consumer
382 No. 21 of 2023] Protection (Amendment)

ke determinations or take action to prevent, inhibit and/or penalise undertakings. Competition and Consumer
382 No. 21 of 2023] Protection (Amendment)

2. In conducting its investigations, the Commission may, in accordance with the applicable
provisions of these Regulations and in keeping with the principles of natural justice:
(a) order any person to appear before it to give evidence;
(b) require the discovery or production of any document or part thereof; and
(c) take any other reasonable action which may be necessary in furtherance of the
investigation. 3. Based on the findings of the investigation, the Commission may make a determination that
there has been a breach of the Regulations in that the conduct at issue has, or is likely to have, an
appreciable negative competitive impact and is inconsistent with the objectives of the Common
Market. 4.

onduct at issue has, or is likely to have, an
appreciable negative competitive impact and is inconsistent with the objectives of the Common
Market. 4.

The Commission shall, to the extent required to remedy or penalise anti- competitive
activity:
(a) order the termination or nullification as the case may require of agreements, conduct,
activities or decisions prohibited by Part 3 of these Regulations;
(b) direct the enterprise to cease and desist from anti- competitive conduct and to take such
steps as it believes may be necessary to overcome the effects of abuse of its dominant
position in the market, or any other business conduct inconsistent with the principles
as set out in these Regulations;
(c) order payment of compensation to persons affected and;
(d) impose fines for breaches of the provisions of these Regulations. Whose business
activities appreciably restrains competition. 5.

ns affected and;
(d) impose fines for breaches of the provisions of these Regulations. Whose business
activities appreciably restrains competition. 5.

Any person who contravenes or fails to comply with any provision of these Regulations
or any Rules made hereunder, or any directive or order lawfully given, or any requirement lawfully
imposed under these Regulations or any Rules made hereunder, for which no penalty is provided
shall be determined to have breached the Regulations and shall be liable pursuant to that
determination to a fine (in an amount to be determined by Rules) and/or such other penalty as may
be assessed. 6. The Commission may enter into such arrangements for the provision of goods and services
as may be necessary for the efficient performance of its functions. 7. The Commission, pursuant to the provisions of Article 55 of the Treaty, may establish its
own rules of procedure to effectively implement the Regulations. 8. The Commission may appoint, on such terms and conditions as it may determine, such
other staff as it considers necessary for the performance of its functions under these Regulations. Article 9
Appointment and Duties of Director
1. The Council shall appoint a citizen of a Member State to be the Director of the Commission. 2.

ations. Article 9
Appointment and Duties of Director
1. The Council shall appoint a citizen of a Member State to be the Director of the Commission. 2.

The Director shall be responsible for administering the Commission’s affairs, funds and
property and for performing any other functions that may be conferred or imposed upon him/her
by or under these Regulations or that the Commission may delegate or assign to him/her. 3. Commissioners shall not be eligible for appointment as the Director. 4. The Director shall have suitable qualifications and experience in law, economics, commerce,
industry or public administration. 5. The terms and conditions of the Director’s appointment shall be as fixed by the Board of
Commissioners with the approval of the Council. 6. The Director shall hold office for a term of five years and shall be eligible for re-
appointment only for one further term of five years. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 383

and shall be eligible for re-
appointment only for one further term of five years. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 383

Article 10
Removal of Director
1. The Director shall not be removed from office except by the Council for stated
misbehavior or for inability to perform the functions of his office due to infirmity of mind or
body or as rendered appropriate by applicable law. 2. The Director, on three months’ written notice addressed to the Council, may resign as
Director. 3. The Council may remove the Director from office if that person becomes subject to any of
the disqualifications referred to in Article 14 of these Regulations. Article 11
Staff of the Commission
1. The Director, with the approval of the Board, may appoint one or more Deputy
Director(s), Registrar and such other officers as may be necessary for the due administration
of these Regulations. Article 12
Board of Commissioners
1. There is hereby established the Board of Commissioners which shall be the supreme
policy body of the Commission. Article 13
Composition of the Board of Commissioners
1. The Board shall consist of not less than nine (9) and not more than thirteen (13)
Commissioners appointed by the Council on the recommendation of the Secretary-General.

nsist of not less than nine (9) and not more than thirteen (13)
Commissioners appointed by the Council on the recommendation of the Secretary-General.

The nominations of the Secretary-General shall reflect the regional character of the Common
Market. 2. The Chairperson and the Vice-Chairperson shall be elected by the Board from among its
members. 3. The persons to be recommended under paragraph 1 above shall be chosen for their ability
and experience in competition law and policy, industry, commerce, public administration, labour,
economics, law, consumer protection and small scale business matters. No person shall be
recommended for appointment as a Commissioner unless he/she is a citizen of a Member State. 4. The Chairperson shall assign three of the Commissioners to be full-time members of
the Board. The full-time Commissioners shall each have suitable qualifications and experience in
law and economics and will form the committee responsible for initial determinations. 5. No member of the Board shall involve himself/herself in any way in the day to day
administration of the Commission. Article 14
Tenure of Commissioners
1. The Commissioners shall hold office for an initial term of three to five years. 2. No Commissioner may serve for more than two terms. 3.

missioners
1. The Commissioners shall hold office for an initial term of three to five years. 2. No Commissioner may serve for more than two terms. 3.

The office of a Commissioner shall become vacant:
(a) upon his/her death;
(b) if the Commissioner is absent without reasonable excuse from three consecutive
meetings of the Board of which there has been due notice;
(c) if the Commissioner is lawfully detained or his/her freedom of movement is restricted
for a period exceeding six months;
Competition and Consumer
384 No. 21 of 2023] Protection (Amendment)

ed or his/her freedom of movement is restricted
for a period exceeding six months;
Competition and Consumer
384 No. 21 of 2023] Protection (Amendment)

(d) if a Commissioner becomes an un-discharged bankrupt;
(e) if a Commissioner becomes of unsound mind or permanently incapacitated;
(f) if a Commissioner engages in any activity that may undermine the integrity
of the Commission and/or the Board or amounting to serious misconduct; or
(g) ceases to be a citizen of any of a Member State. Article 15
Functions of the Board
1. The Board may:
(a) issue determination on any conduct prohibited in terms of Part 3 of these
Regulations;
(b) adjudicate on any other matter that may, in terms of these Regulations, be considered
by it and make an order provided for in these Regulations;
(c) hear appeals from, or review any decision of, the Commission that may, in terms of these
Regulations, be referred to it;
(d) hear appeals from initial determinations made by the committee responsible for
determination;
(e) make any ruling or order necessary or incidental to the performance of its functions
in terms of these Regulations; and
(f) delegate any of its functions to another COMESA agency established to co-ordinate and
regulate a specific sector. 2.

rms of these Regulations; and
(f) delegate any of its functions to another COMESA agency established to co-ordinate and
regulate a specific sector. 2.

The Board may recommend to the Council Rules governing:
(a) anything which under these Regulations is required or permitted to be prescribed;
(b) any forms necessary or expedient for purposes of these Regulations;
(c) any fees payable in respect of any service provided by the Commission;
or
(d) such other matters as are necessary or expedient for the better carrying out of the
purposes of these Regulations. —
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 385

y or expedient for the better carrying out of the
purposes of these Regulations. —
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 385

PART 3
ANTI-COMPETITIVE BUSINESS PRACTICES AND CONDUCT
Article 16
Restrictive Business Practices
1. The following shall be prohibited as incompatible with the Common Market: all agreements
between undertakings, decisions by associations of undertakings and concerted practices which:
(a) may affect trade between Member States; and
(b) have as their object or effect the prevention, restriction or distortion of competition
within the Common Market. 2. Paragraph 1 applies only if the agreement, decision or concerted practice is, or is intended
to be, implemented within the Common Market. 3. Any agreement or decision which is prohibited by paragraph 1 is void. 4.

d practice is, or is intended
to be, implemented within the Common Market. 3. Any agreement or decision which is prohibited by paragraph 1 is void. 4.

The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
(a) any agreement or category thereof between undertakings;
(b) any decision by associations of undertakings;
(c) any concerted practice or category thereof -
- which contributes to improving the production or distribution of goods or to promoting
technical or economic progress, while allowing consumers a fair share of the resulting
benefit, and which does not:
(a) impose on the undertakings concerned restrictions which are not indispensable
to the attainment of these objectives;
(b) afford such undertakings the possibility of eliminating competition in respect of a
substantial market for the goods or services in question. Article 17
Determination of a Dominant Position
1.

f eliminating competition in respect of a
substantial market for the goods or services in question. Article 17
Determination of a Dominant Position
1.

For the purposes of these Regulations:
(a) an undertaking holds a dominant position in a market if by itself or together with
an interconnected company, it occupies such a position of economic strength as
will enable it to operate in the market without effective constraints from its
competitors or potential competitors;
(b) any two companies shall be treated as interconnected companies if one of them is
a subsidiary or associate of the other, or both of them are subsidiaries of the same
parent company;
(c) a “dominant position” means an ability to influence unilaterally price or output in
the Common Market or any part of it. Article 18
Abuse of a Dominant Position
Any abuse by one or more undertakings of a dominant position within the Common Market or
in a substantial part of it shall be prohibited as incompatible with the Common Market in
so far as it may affect trade between Member States, if it:
(a) restricts, or is likely to restrict, the entry of any undertaking into a market;
(b) prevents or deters, or is likely to prevent or deter, any undertaking from engaging in
competition in a market;
Competition and Consumer
386 No. 21 of 2023] Protection (Amendment)

ely to prevent or deter, any undertaking from engaging in
competition in a market;
Competition and Consumer
386 No. 21 of 2023] Protection (Amendment)

(c) eliminates or removes, or is likely to eliminate or remove, any undertaking from a
market;
(d) directly or indirectly imposes unfair purchase or selling prices or other restrictive
practices;
(e) limits the production of goods or services for a market to the prejudice of consumers;
(f) as a party to an agreement makes the conclusion of such agreement subject to
acceptance by another party of supplementary obligations which, by their nature
or according to commercial usage, have no connection with the subject of the
agreement; or
(g) engages in any business activity that results in the exploitation of its customers or
suppliers, so as to frustrate the benefits expected from the establishment of the
Common Market. In determining whether an undertaking is in a dominant position, consideration shall be given
to the:
(a) relevant market defined in terms of the product and the geographic context;
(b) level of actual or potential competition in terms of number of competitors,
production capacity and product demand;
(c) barriers to entry of competitors; and
(d) history of competition and rivalry between competitors in the sector of activity. Article 19
Prohibited Practices
1.

to entry of competitors; and
(d) history of competition and rivalry between competitors in the sector of activity. Article 19
Prohibited Practices
1.

It shall be an offence for undertakings engaged in the market in rival or potentially rival
activities to engage in the practices appearing in paragraph 3 provided that this paragraph shall
not apply where undertakings are dealing with each other in the context of a common entity
wherein they are under common control or where they are otherwise not able to act independently
of each other. 2. This Article applies to formal, informal, written and unwritten agreements, arrangements
and understandings. 3.

to act independently
of each other. 2. This Article applies to formal, informal, written and unwritten agreements, arrangements
and understandings. 3.

For the purpose of paragraph 1, the following are prohibited:
(a) agreements fixing prices, which agreements hinder or prevent the sale or supply or
purchase of goods or services between persons, or limit or restrict the terms and
conditions of sale or supply or purchase between persons, or limit or restrict the
terms and conditions of sale or supply or purchase between persons engaged in the
sale of purchased goods or services;
(b) collusive tendering and bid-rigging;
(c) market or customer allocation agreements;
(d) allocation by quota as to sales and production;
(e) collective action to enforce arrangements;
(f) concerted refusals to supply goods or services to a potential purchaser, or to purchase
goods or services from a potential supplier; or
(g) collective denials of access to an arrangement or association which is crucial to
competition. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 387

enials of access to an arrangement or association which is crucial to
competition. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 387

Article 20
Request for Authorisation
1. The Commission may, upon application by or on behalf of an undertaking, grant an
authorisation to the undertaking to enter and/or give effect to contracts, arrangements or
understandings even if they are anti-competitive, if the Commission determines that there are
public benefits outweighing the anti- competitive detriment of the contract, arrangement or
understanding:
(a) while the authorisation remains in force no party to the contract, arrangement or
understanding will be in breach of the applicable Articles of these Regulations by
entering or giving effect to it;
(b) authorisation may be granted to cover those who subsequently become parties to the
contract, arrangement or understanding, as long as that is its expressed effect. 2. Where an application made to the Commission under this Article for an authorisation in
relation to a particular contract or proposed contract is expressed as set out hereinabove, the
application shall set out:
(a) the names of the parties to each contract; and
(b) the names of the parties to a proposed contract where those names are known to the
applicant at the time when the application is made. 3.

act; and
(b) the names of the parties to a proposed contract where those names are known to the
applicant at the time when the application is made. 3.

If an authorisation is granted in respect of a proposed contract the names of the parties
to which were not so known to the applicant, the authorisation shall, by force of this paragraph,
be deemed to be expressed to be subject to a condition that any party to the contract will, when so
required by the Commission, furnish to the Commission the names of all the parties to the
contract. 4. The undertaking concerned, or any other person with a substantial financial interest affected
by a decision of the Commission in terms of this Article, may appeal that decision to the Board
in the manner set forth in the Rules and Regulations. Article 21
Determination of Anti-Competitive Conduct: Procedure of Commission on Request
1. Any person may request an investigation referred to in Article 8 where he/she has
reason to believe that activity by an undertaking located in a Member State has the effect, or is
likely to have the effect, of restricting competition in the Common Market. 2.

ivity by an undertaking located in a Member State has the effect, or is
likely to have the effect, of restricting competition in the Common Market. 2.

Any consumer organisation which has reason to believe that activities by an undertaking
in the Common Market have the effect, or are likely to have the effect, of restricting
competition in the Common Market, may request an investigation as referred to in Article
8. 3. Requests under paragraphs 1 and 2 above shall be in writing and shall disclose sufficient
information for the Commission to make a preliminary assessment whether it should proceed
with the investigation. 4. Upon receipt of a request mentioned in paragraph 3 above, the Commission shall
consult with the interested parties and shall determine on the basis of such consultations whether:
(a) the investigation is within the jurisdiction of the Commission, and
(b) the investigation is justified in all the circumstances of the case. 5. The consultations shall be concluded within 30 days of the date of receipt of the request
for investigation, unless the Commission has determined that a longer period is necessary and has
so notified the parties. In any event, that longer period shall not exceed 45 additional days from
the date of notification from the Commission. Competition and Consumer
388 No.

any event, that longer period shall not exceed 45 additional days from
the date of notification from the Commission. Competition and Consumer
388 No.

21 of 2023] Protection (Amendment)

21 of 2023] Protection (Amendment)

6. Where the Commission decides to conduct the investigation, the Commission shall:
(a) notify the interested parties;
(b) complete the investigation within 180 days from the date of receipt of the request for
the investigation; and
(c) where the circumstances so warrant, extend the time period for completion of
the investigation and notify the interested parties. 7. Where the Commission decides, following an investigation, that there has been a breach of
the Regulations, it shall notify the Respondent party and shall afford that party an
opportunity to defend its interest. 8. If the respondent party avails itself of the opportunity to be heard and the hearing has
been convened, within 30 days from that hearing, the Commission shall notify the interested
parties as to its determination both as regards to the breach of the Regulations and the sanctions
to be imposed. 9. Within 10 days of the hearing mentioned in paragraph 8 above, the Commission will
notify the interested parties of its determination.

o be imposed. 9. Within 10 days of the hearing mentioned in paragraph 8 above, the Commission will
notify the interested parties of its determination.

10 The Commission may decide, based on its determination, that the party in breach
should:
(a) cease its conduct immediately, and/or
(b) pay a fine in an amount to be determined by the Commission; and/or
(c) take whatever action the Commission deems necessary to remove and/or diminish the
effect of the illegal conduct. 11. Within 15 days of the Commission’s notification, the affected party may appeal the
Commission’s determination in the manner set forth in the Regulations. 12. Where a specific course of action is required pursuant to paragraph 10 above, the
undertaking concerned shall do as directed within 30 days of the date of notification unless the
Commission determines otherwise. 13. If the undertaking concerned cannot comply, it shall so notify the Commission and
request an extension. 14. If the undertaking cannot comply within the time period specified and fails to inform the
Commission, the Commission may apply to the relevant national court for an appropriate order. Article 22
Determination of Anti-Competitive Conduct: Procedure of Commission on its own
Initiative
1.

levant national court for an appropriate order. Article 22
Determination of Anti-Competitive Conduct: Procedure of Commission on its own
Initiative
1.

Where the Commission has reason to believe that business conduct by an undertaking
restrains competition in the Common Market, the Commission will so notify the undertaking
involved and will launch an investigation. 2. The Commission shall complete its investigation within 180 days of the notification
mentioned in paragraph 1 above, unless it determines that a longer period is necessary. 3. At the end of the investigation, the Commission shall notify the undertaking of its findings. 4. Within 20 days of the notification mentioned in paragraph 3 above, the undertaking
in question may respond to the Commission to take issue with its findings. 5. If the undertaking fails to respond within the required time frame set out in paragraph 4
above, the Commission may proceed to assess sanctions pursuant to the process as set forth
in paragraphs 8 to 13 of Article 21 of these Regulations. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 389

the process as set forth
in paragraphs 8 to 13 of Article 21 of these Regulations. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 389

PART 4
MERGERS AND ACQUISITIONS
Article 23
Merger Control
1. For the purpose of this Article, “merger” means the direct or indirect acquisition or
establishment of a controlling interest by one or more persons in the whole or part of the business
of a competitor, supplier, customer or other person whether that controlling interest is achieved as
a result of:
(a) the purchase or lease of the shares or assets of a competitor, supplier,
customer or other person;
(b) the amalgamation or combination with a competitor, supplier, customer or other
person; or
(c) any means other than as specified in sub-paragraph (a) or (b). 2. For the purpose of this Article, “controlling interest”, in relation to:
(a) any undertaking, means any interest which enables the holder thereof to exercise,
directly or indirectly, any control whatsoever over the activities or assets of the
undertaking; and
(b) any asset, means any interest which enables the holder thereof to exercise,
directly or indirectly, any control whatsoever over the asset. 3.

and
(b) any asset, means any interest which enables the holder thereof to exercise,
directly or indirectly, any control whatsoever over the asset. 3.

This Article shall apply where:
(a) both the acquiring firm and target firm or either the acquiring firm or target firm operate
in two or more Member States; and
(b) the threshold of combined annual turnover or assets provided for in paragraph
4 is exceeded. 4. The Board shall, subject to approval by Council, prescribe:
(a) a threshold of combined annual turnover or assets in the region, either in general or
in relation to specific industries, at or above which this Article will apply
with regard to mergers with a regional dimension;
(b) a method for the calculation of annual turnover and assets. 5. For the purposes of this Article:
(a) “notifiable merger” means a merger or proposed merger with a regional dimension
with a value at or above the threshold prescribed in terms of paragraph 4;
(b) “non-notifiable merger” means a merger or proposed merger with a value below the
threshold prescribed in terms of paragraph 4. 6. The Commission may require parties to a non-notifiable merger to notify the
Commission of that merger if it appears to the Commission that the merger is likely to
substantially prevent or lessen competition or is likely to be contrary to public interest.

it appears to the Commission that the merger is likely to
substantially prevent or lessen competition or is likely to be contrary to public interest.

Article 24
Notification of a Proposed Merger
1. A party to a notifiable merger shall notify the Commission in writing of the proposed
merger as soon as it is practicable but in no event later than 30 days of the parties’ decision to merge. 2. Any notifiable merger carried out in contravention of this part shall have no legal
effect and no rights or obligations imposed on the participating parties by any agreement
in respect of the merger shall be legally enforceable in the Common Market. Competition and Consumer
390 No. 21 of 2023] Protection (Amendment)

eement
in respect of the merger shall be legally enforceable in the Common Market. Competition and Consumer
390 No. 21 of 2023] Protection (Amendment)

3. Notification in terms of paragraph 1 shall be made in such form and manner as may be
prescribed and shall be accompanied by the prescribed fee and such information and
particulars as may be prescribed or as the Commission may reasonably require. 4. The Commission in addition to the sanction under paragraph ( 1) may impose
a penalty if the parties to a merger fail to give notice of the merger as required by paragraph 1. 5. A penalty imposed in terms of paragraph 3 may not exceed ten per centum of either
or both of the merging parties’ annual turnover in the Common Market as reflected in the accounts
of any party concerned for the preceding financial year. 6.

of the merging parties’ annual turnover in the Common Market as reflected in the accounts
of any party concerned for the preceding financial year. 6.

When determining an appropriate penalty, the Commission shall consider the following
factors:
(a) the nature, duration, gravity and extent of the contravention;
(b) any loss or damage suffered as a result of the contravention;
(c) the behaviour of the parties concerned;
(d) the market circumstances in which the contravention took place;
(e) the level of benefits derived from the contravention;
(f) the degree to which the parties have co-operated with the Commission; and
(g) whether the parties have previously been found in contravention of competition
Regulations in the region. 7. Civil proceedings for the recovery of any penalty imposed in terms of paragraph (3) may
be brought against the party or parties concerned by the Commission. 8. A Member State having attained knowledge of a merger notification submitted to the
Commission may request the Commission to refer the merger for consideration under
the Member State’s national competition law if the Member State is satisfied that the merger, if
carried out, is likely to disproportionately reduce competition to a material extent in the
Member State or any part of the Member State. 9.

erger, if
carried out, is likely to disproportionately reduce competition to a material extent in the
Member State or any part of the Member State. 9.

The Commission shall consider the request referred to in paragraph 7 and shall inform the
concerned Member State in writing within 21 days of the receipt of the request that:
(a) the Commission will deal with the case itself in order to maintain or restore effective
competition on the market concerned and the region as a whole; or
(b) the whole or part of the case will be referred to the competent authorities of the
Member State concerned with a view to the application of that Member State’s
national competition law. Article 25
Merger Proceedings
1. The Commission shall examine a merger as soon as the notification is received and must
make a decision on the notification within 120 days after receiving the notification:
(a) Provided that if the notification is incomplete, the examination period begins on
the day following receipt of complete information. 2. If, prior to the expiry of the 120-day period provided for in paragraph ( 1), the
Commission has decided that a longer period is necessary, it shall so inform the parties and seek
an extension from the Board.

in paragraph ( 1), the
Commission has decided that a longer period is necessary, it shall so inform the parties and seek
an extension from the Board.

Article 26
Consideration of a Merger
1 Whenever called upon to consider a merger, the Commission shall initially determine
whether or not the merger is likely to substantially prevent or lessen competition by assessing
the factors set out in paragraph 2, and if it appears that the merger is likely to substantially
prevent or lessen competition, the Commission shall then determine:
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 391

substantially
prevent or lessen competition, the Commission shall then determine:
Competition and Consumer
Protection (Amendment) [No. 21 of 2023 391

(a) whether the merger is likely to result in any technological efficiency or other pro-
competitive gain which will be greater than and offset the effects of any prevention
or lessening of competition that may result or is likely to result from the merger and
would not likely be obtained if the merger is prevented;
(b) whether the merger can be justified on substantial public interest grounds by
assessing the factors set out in paragraph 4. 2.

erger is prevented;
(b) whether the merger can be justified on substantial public interest grounds by
assessing the factors set out in paragraph 4. 2.

When determining whether the merger would have the effect, or be likely to have the
effect, of substantially lessening competition in the market, the following matters must be taken
into account:
(a) the actual and potential level of import competition in the market;
(b) the ease of entry into the market, including tariff and regulatory barriers;
(c) the level, trends of concentration and history of collusion in the market; the degree of
countervailing power in the market;
(d) the likelihood that the acquisition would result in the merged parties having market
power;
(e) the dynamic characteristics of the market including growth, innovation and product
differentiation;
(f) the nature and extent of vertical integration in the market;
(g) whether the business or part of the business of a party to the merger or proposed
merger has failed or likely to fail; and
(h) whether the merger will result in the removal of efficient competition. 3.

arty to the merger or proposed
merger has failed or likely to fail; and
(h) whether the merger will result in the removal of efficient competition. 3.

A merger shall be contrary to public interest if the Commission is satisfied that the
merger:
(a) has lessened substantially or is likely to lessen substantially the degree of competition in
the Common Market or any part thereof; or
(b) has resulted, or is likely to result in, or strengthen a position of dominance which is or
will be contrary to the public interest. 4. In order for the Commission to determine whether a merger is or will be contrary to
the public interest, the Commission shall take into account all matters that it considers relevant
in the circumstances and shall have regard to the desirability of:
(a) maintaining and promoting effective competition between persons producing
or distributing commodities and services in the region;
(b) promoting the interests of consumers, purchasers, and other users in the region, in
regard to the prices, quality and variety of such commodities and services;
(c) promoting through competition, the reduction of costs and the development of new
commodities, and facilitating the entry of new competitors into existing markets. 5.

gh competition, the reduction of costs and the development of new
commodities, and facilitating the entry of new competitors into existing markets. 5.

For the purposes of determining whether or not to approve any merger, the
Commission may, where necessary, undertake any inquiry to ascertain any competition concerns. 6. Before embarking on an inquiry in terms of this Article, the Commission shall take all
reasonable steps to notify all the relevant Member States. The notice shall include:
(a) the nature of the proposed inquiry;
(b) calling upon any interested persons who wish to submit written representations to the
Commission in regard to the subject matter of the proposed inquiry. 7. If the Commission is satisfied, having regard to the matters referred to in paragraph
4, that an actual or proposed merger will be contrary to the public interest, the Commission may
make any one or more of the following orders:
(a) declaring the merger unlawful, except to such extent and in such circumstance
as may be provided by or under the order;
Competition and Consumer
392 No. 21 of 2023] Protection (Amendment)

to such extent and in such circumstance
as may be provided by or under the order;
Competition and Consumer
392 No. 21 of 2023] Protection (Amendment)

(b) prohibiting or restricting the acquisition by any person named in the order of the
whole or part of an undertaking or the assets of an undertaking, or the doing by that
person of anything which will or may result in such an acquisition if the acquisition
is likely, in the Commission’s opinion, to lead to a merger;
(c) requiring any person to take steps to secure the dissolution of any organisation,
whether corporate or unincorporated, or the termination of any association where
the Commission is satisfied that the person is concerned in or is a party to a merger;
(d) requiring that if any merger takes place, any party thereto who is named in the order
shall observe such prohibitions or restrictions in regard to the manner in which he
carries on business as are specified in the order;
(e) generally making such provisions as, in the opinion of the Commission, are reasonably
necessary to terminate or prevent the merger or alleviate its effects. 8.

making such provisions as, in the opinion of the Commission, are reasonably
necessary to terminate or prevent the merger or alleviate its effects. 8.

An order made in respect of a merger may provide for any of the following matters:
(a) the transfer or vesting of property, rights, liabilities or obligations;
(b) the adjustment of contracts, whether by their discharge or the reduction of any liability
or obligation or otherwise;
(c) the creation, allotment, surrender or cancellation of any shares, stocks or securities;
(d) the formation or winding up of any undertaking or the amendment of the
memorandum or articles of association or any other instrument regulating the
business of any undertaking. 9. An order shall be in writing and served on every person named therein:
(a) Provided that, if the order applies to persons generally or if, in the Commission’s
opinion, it is impractical to serve it individually on all the persons to whom it
applies, the Commission shall take all reasonable steps to appropriately inform the
concerned Member States. 10.

idually on all the persons to whom it
applies, the Commission shall take all reasonable steps to appropriately inform the
concerned Member States. 10.

Before making an order under this Article, the Commission shall ensure that every person
affected thereby is informed of the general content of the order it proposes to make and is given
an adequate opportunity to make representations in the matter:
(b) Provided that, if the proposed order will apply to persons generally or if, in the
Commission’s opinion, it is impractical to notify its terms to all the persons to
whom it will apply, the Commission shall cause the general content of the proposed
order to be published in the manner as the Commission considers will bring it to the
attention of the persons to whom it will apply. 11. The Commission may amend or revoke an order at any time. 12. Any person aggrieved by the decision of the Commission, may appeal to the Board of
Commissioners as prescribed by the Regulations. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 393

ission, may appeal to the Board of
Commissioners as prescribed by the Regulations. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 393

PART 5
CONSUMER PROTECTION
Article 27
False or Misleading Representation
1.

PART 5
CONSUMER PROTECTION
Article 27
False or Misleading Representation
1.

A person shall not, in trade or commerce, in connection with the supply or possible
supply of goods or services or in connection with the promotion by any means of the supply or
use of goods or services:
(a) falsely represent that goods are of a particular standard, quality, value, grade,
composition, style or model or have had a particular history or particular previous
use;
(b) falsely represent that services are of a particular standard, quality, value or grade;
(c) falsely represent that goods are new;
(d) falsely represent that a particular person has agreed to acquire goods or services;
(e) falsely represent that goods or services have sponsorship, approval, performance
characteristics, accessories, uses or benefits they do not have;
(f) represent that the person has a sponsorship, approval or affiliation it does not have;
(g) make a false or misleading representation with respect to the price of goods or services;
(h) make a false or misleading representation concerning the availability of facilities
for the repair of goods or of spare parts for goods;
(i) make a false or misleading representation concerning the place of origin of goods;
(j) make a false or misleading representation concerning the need for any goods or services;
or
(k) make a false or misleading representation concerning the existence, exclusion or effect of
any condition, warranty, guarantee, right or remedy.

or
(k) make a false or misleading representation concerning the existence, exclusion or effect of
any condition, warranty, guarantee, right or remedy.

Article 28
Unconscionable Conduct in Consumer Transactions
1. A person shall not, in trade or commerce, in connection with the supply or possible
supply of goods or services to a person, engage in conduct that is, in all the circumstances,
unconscionable. 2.

onnection with the supply or possible
supply of goods or services to a person, engage in conduct that is, in all the circumstances,
unconscionable. 2.

Without in any way limiting the matters to which the Commission may have
regard for the purpose of determining whether a person has contravened paragraph 1
in connection with the supply or possible supply of goods or services to a person (in this
paragraph referred to as the consumer), the Commission may have regard to:
(a) the relative strengths of the bargaining positions of the person and the consumer;
(b) whether, as a result of conduct engaged in by the person, the consumer was required to
comply with conditions that were not reasonably necessary for the protection
of the legitimate interests of the person;
(c) whether the consumer was able to understand any documents relating to the supply or
possible supply of the goods or services;
(d) whether any undue influence or pressure was exerted on, or any unfair tactics were
used against, the consumer or a person acting on behalf of the consumer by the
person acting on behalf of the person in relation to the supply or possible supply
of the goods or services; and
Competition and Consumer
394 No. 21 of 2023] Protection (Amendment)

person in relation to the supply or possible supply
of the goods or services; and
Competition and Consumer
394 No. 21 of 2023] Protection (Amendment)

(e) the amount for which, and the circumstances under which, the consumer could have
acquired identical or equivalent goods or services from another supplier. 3 A person shall not be taken for the purposes of this Article to engage in
unconscionable conduct in connection with the supply or possible supply of goods or services
to a person by reason only that the person institutes legal proceedings in relation to that supply
or possible supply or refers a dispute or claim in relation to that supply or possible supply to
arbitration. 4. For the purpose of determining whether a person has contravened paragraph 1 in
connection with the supply or possible supply of goods or services to a person:
(a) the Commission shall not have regard to any circumstances that were not reasonably
foreseeable at the time of the alleged contravention; and
(b) the Commission may have regard to conduct engaged in, or circumstances existing,
before the commencement of these Regulations. 5. A reference in this paragraph to goods or services is a reference to goods or services
of a kind ordinarily acquired for personal, domestic or household use or consumption. 6.

raph to goods or services is a reference to goods or services
of a kind ordinarily acquired for personal, domestic or household use or consumption. 6.

A reference in this paragraph to the supply or possible supply of goods does not include
a reference to the supply or possible supply of goods for the purpose of re-supply or for the
purpose of using them up or transforming them in trade or commerce. Article 29
Unconscionable Conduct in Business Transactions
1. A person must not, in trade or commerce, in connection with:
(a) the supply or possible supply of goods or services to a person; or
(b) the acquisition or possible acquisition of goods or services from a person;
(c) engage in conduct that is, in all the circumstances, unconscionable. 2.

he acquisition or possible acquisition of goods or services from a person;
(c) engage in conduct that is, in all the circumstances, unconscionable. 2.

Without in any way limiting the matters to which the Commission may have
regard for the purpose of determining whether a person (the supplier) has contravened
paragraph 1 in connection with the supply or possible supply of goods or services to a person
(the business consumer), the Commission may have regard to:
(a) the relative strengths of the bargaining positions of the supplier and the business
consumer;
(b) whether, as a result of conduct engaged in by the supplier, the business consumer was
required to comply with conditions that were not reasonably necessary for
the protection of the legitimate interests of the supplier;
(c) whether the business consumer was able to understand any documents relating to the
supply or possible supply of the goods or services;
(d) whether any undue influence or pressure was exerted on, or any unfair tactics were
used against, the business consumer or a person acting on behalf of the business
consumer by the supplier or a person acting on behalf of the supplier in relation to
the supply or possible supply of the goods or services;
(e) the amount for which, and the circumstances under which, the business consumer
could have acquired identical or equivalent goods or services from a person other
than the supplier;
(f) the extent to which the supplier’s conduct towards the business consumer was consistent
with the supplier’s conduct in similar transactions between the supplier and other
like business consumers;
(g) the requirements of any applicable industry code;
Competition and Consumer
Protection (Amendment) [No.

supplier and other
like business consumers;
(g) the requirements of any applicable industry code;
Competition and Consumer
Protection (Amendment) [No.

21 of 2023 395

21 of 2023 395

(h) the requirements of any other industry code, if the business consumer acted on the
reasonable belief that the supplier would comply with that code;
(i) the extent to which the supplier unreasonably failed to disclose to the business
consumer:
i. any intended conduct of the supplier that might affect the interests
of the business consumer; and
ii. any risks to the business consumer arising from the supplier’s intended
conduct (being risks that the supplier should have foreseen would not
be apparent to the business consumer);
(j) the extent to which the supplier was willing to negotiate the terms and conditions of
any contract for supply of the goods or services with the business consumer; and
(k) the extent to which the supplier and the business consumer acted in good faith. Article 30
Warning Notice to the Public
1. The Commission shall publish a notice in the Member States concerned containing
one or both of the following:
(a) a statement that goods of a kind specified in the notice are under investigation
to determine whether the goods will or may cause injury to any person;
(b) a warning of possible risks involved in the use of goods of a kind specified in the notice. 2.

r the goods will or may cause injury to any person;
(b) a warning of possible risks involved in the use of goods of a kind specified in the notice. 2.

Where an investigation referred to in paragraph 1 has been completed, the
Commission shall, as soon as practicable, by notice in writing published in the Member
States involved or concerned, announce the results of the investigation, and shall announce in the
notice whether, and if so, what action is proposed to be taken in relation to the goods under these
Regulations. Article 31
Product Safety Standards and Unsafe Goods
1. A person shall not, in trade or commerce, supply goods that are intended to be used, or are
of a kind likely to be used, by a consumer if the goods are of a kind:
(a) in respect of which there is a prescribed consumer product safety standard
and which do not comply with that standard;
(b) in respect of which there is in force a notice under this Article declaring the
goods to be unsafe goods; or
(c) in respect of which there is in force a notice under this Article imposing a permanent ban
on the goods. 2 A person shall not export goods, the supply in the Common Market of which is prohibited
by paragraph 1 unless the Commission has, by notice in writing given to the person, approval for
the export of those goods. 3.

of which is prohibited
by paragraph 1 unless the Commission has, by notice in writing given to the person, approval for
the export of those goods. 3.

Where the Commission denies a request for approval as mentioned in paragraph (2) the
affected party may appeal to the Board pursuant to the procedures set out in the Regulations. 4. Where:
(a) the supplying of goods by a person constitutes a contravention of this
paragraph by reason that the goods do not comply with a prescribed consumer
product safety standard;
(b) a person suffers loss or damage by reason of a defect in, or a dangerous characteristic of,
the goods or by reason of not having particular information in relation to the
goods; and
Competition and Consumer
396 No. 21 of 2023] Protection (Amendment)

ds or by reason of not having particular information in relation to the
goods; and
Competition and Consumer
396 No. 21 of 2023] Protection (Amendment)

(c) the person would not have suffered the loss or damage if the goods had complied with
that standard;
(d) the person shall be deemed for the purposes of these Regulations to have suffered
the loss or damage by the supplying of the goods. 5. Where:
(a) the supplying of goods by a person constitutes a contravention of this Article
by reason that there is in force a notice under this Article declaring the goods to be
unsafe goods or imposing a permanent ban on the goods; and
(b) a person suffers loss or damage by reason of a defect in, or a dangerous characteristic of,
the goods or by reason of not having particular information as to a characteristic
of the goods;
(c) the person shall be deemed for the purposes of these Regulations to have suffered the
loss or damage by the supplying of the goods. Article 32
Product Information Standards
1. A person shall not, in trade or commerce, supply goods that are intended to be used, or
are of a kind likely to be used, by a consumer, being goods of a kind in respect of which a consumer
product information standard has been prescribed, unless the person has complied with that
standard in relation to those goods. 2.

of which a consumer
product information standard has been prescribed, unless the person has complied with that
standard in relation to those goods. 2.

The regulations may, in respect of goods of a particular kind, prescribe a consumer
product information standard consisting of such requirements as to:
(a) the disclosure of information relating to the performance, composition, contents,
methods of manufacture or processing, design, construction, finish or packaging of
the goods; and
(b) the form and manner in which that information is to be disclosed on or with the
goods;
(c) are reasonably necessary to give persons using the goods information as to the quantity,
quality, nature or value of the goods. 3. Paragraph ( 1) does not apply to goods that are intended to be used outside the Common
Market. 4. If it is applied to goods - a statement that the goods are for export only; or
(a) a statement indicating by the use of words authorised by the Regulations to be used for
the purposes of this Article that the goods are intended to be used outside the
Common Market;
(b) it shall be presumed for the purposes of this paragraph, unless the contrary is
established, that the goods are intended to be so used.

on Market;
(b) it shall be presumed for the purposes of this paragraph, unless the contrary is
established, that the goods are intended to be so used.

5 For the purposes of paragraph ( 4), a statement shall be deemed to be applied to goods
if:
(a) the statement is woven in, impressed on, worked into or annexed or affixed to the
goods; or
(b) the statement is applied to a covering, label, reel or thing in or with which the goods are
supplied. 6. A reference in paragraph ( 5) to a covering includes a reference to a stopper, glass,
bottle, vessel, box, capsule, case, frame or wrapper and a reference in that paragraph to a
label includes a reference to a band or ticket. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 397

a reference in that paragraph to a
label includes a reference to a band or ticket. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 397

7. The person shall be deemed, for the purposes of these Regulations, to have suffered the
loss or damage by the supplying of the goods where:
(a) the supplying of goods by a person constitutes a contravention of this paragraph
by reason that the person has not complied with a prescribed consumer product
information standard in relation to the goods;
(b) a person suffers loss or damage by reason of not having particular information
in relation to the goods; and
(c) the person would not have suffered the loss or damage if the person had complied with
that standard in relation to the goods. Article 33
Compulsory Product Recall
1. Where:
(a) a person (in this Article referred to as the “supplier”), in trade or commerce,
supplies goods that are intended to be used, or are of a kind likely to be used, by a
consumer;
(b) one of the following subparagraphs applies:
i. it appears to the Commission that the goods are goods of a kind which will or
may cause injury to any person;
ii. the goods are goods of a kind in respect of which there is a prescribed
consumer product safety standard and the goods do not comply with that
standard;
iii.

ds are goods of a kind in respect of which there is a prescribed
consumer product safety standard and the goods do not comply with that
standard;
iii.

the goods are goods of a kind in relation to which there is in force a notice
under Article 33. (c) it appears to the Commission that the supplier has not taken satisfactory action
to prevent the goods causing injury to any person. 2. The Commission shall by appropriate notice in the Member States, require the supplier
to do one or more of the following:
(a) take action within the period specified in the notice to recall the goods;
(b) disclose to the public, or to a class of persons specified in the notice, in the matter and
within the period specified in the notice, one or more of the following:
i. the nature of a defect in, or a dangerous characteristic of, the goods
identified in the notice;
ii. the circumstances, being circumstances identified in the notice, in which
the use of the goods is dangerous; or
iii. procedures for disposing of the goods specified in the notice;
(c) inform the public, or a class of persons specified in the notice, in the matter and
within the period specified in the notice, that the supplier undertakes to do
whichever of the following the supplier thinks is appropriate:
i.

er and
within the period specified in the notice, that the supplier undertakes to do
whichever of the following the supplier thinks is appropriate:
i.

except where the notice identifies a dangerous characteristic of the goods - repair
the goods;
ii. replace the goods;
iii. refund to a person to whom the goods were supplied (whether by the
supplier or by another person) the price of the goods —
- within the period specified in the notice. Competition and Consumer
398 No. 21 of 2023] Protection (Amendment)

ther person) the price of the goods —
- within the period specified in the notice. Competition and Consumer
398 No. 21 of 2023] Protection (Amendment)

3. Prior to the publication by the Commission of the notice mentioned in paragraph 1 (c)
above, the Director shall so notify the affected party and give him/her an opportunity to be heard
as to why such notice should not be published. Within 10 days of that hearing, the Director must
inform the party of the Commission’s decision. If the party disagrees, he/she may appeal
pursuant to the procedure set forth in the Regulations. Article 34
Power of the Commission to declare
Product Safety or Information Standards
1. The Commission shall notify the public in the Member States concerned, that, in respect
of goods of a kind specified in the notice, a particular standard, or a particular part of a
standard, prepared or approved by a prescribed association or body, or such a standard or part
of a standard with additions or variations specified in the notice, is a consumer product safety
standard for the purposes of the Articles 31 and 32 of these Regulations. 2.

tions or variations specified in the notice, is a consumer product safety
standard for the purposes of the Articles 31 and 32 of these Regulations. 2.

Where a notice has been given, the standard, or the part of the standard, referred
to in the notice, or the standard or part of a standard so referred to with additions or
variations specified in the notice, as the case may be, shall be deemed to be a prescribed
consumer product safety standard for the purposes of Articles 31 and 32, as the case may be. Article 35
Liability in respect of Unsuitable Goods
1.

ed
consumer product safety standard for the purposes of Articles 31 and 32, as the case may be. Article 35
Liability in respect of Unsuitable Goods
1.

Where:
(a) a person, in trade or commerce, supplies goods manufactured by the person to
another person who acquires the goods for re-supply;
(b) a person (whether or not the person who acquired the goods from the Person)
supplies the goods (otherwise than by way of sale by auction) to a consumer;
(c) the goods are acquired by the consumer for a particular purpose that was, expressly or
by implication, made known to the Person, either directly, or through the person
from whom the consumer acquired the goods or a person by whom any prior
negotiations in connection with the acquisition of the goods were conducted;
(d) the goods are not reasonably fit for that purpose, whether or not that is a purpose for
which such goods are commonly supplied; and
(e) the consumer or a person who acquires the goods from, or derives title to the goods
through or under, the consumer suffers loss or damage by reason that the goods are
not reasonably fit for that purpose -
-the Person is liable to compensate the consumer or that other person for the loss or
damage and the consumer or that person may recover the amount of the compensation by
action against the corporation in a court of competent jurisdiction.

age and the consumer or that person may recover the amount of the compensation by
action against the corporation in a court of competent jurisdiction.

2. Paragraph 1 does not apply:
(a) if the goods are not reasonably fit for the purpose referred to in paragraph (1) by reason
of:
(i) an act or default of any person (not being the corporation or a servant or
agent of the Person); or
(ii) a cause independent of human control;
occurring after the goods have left the control of the Person; or
(b) where the circumstances show that the consumer did not rely, or that it was
unreasonable for the consumer to rely, on the skill or judgement of the Person. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 399

as
unreasonable for the consumer to rely, on the skill or judgement of the Person. Competition and Consumer
Protection (Amendment) [No. 21 of 2023 399

Article 36
Liability for Defective Goods causing Injury and Loss
1. If a Person, in trade or commerce, supplies goods manufactured by it; and the goods
have a defect; and because of the defect, an individual suffers injuries or loss, then:
(a) the Person is liable to compensate the individual for the amount of the
individual’s loss suffered as a result of the injuries; and
(b) the individual may recover that amount by action against the Person; and
2. If the individual dies because of the injuries referred to in paragraph 1 above, a law of
COMESA or of a Member State about liability in respect of the death of individuals applies as if:
(a) the action were an action under the law of COMESA or of a Member State
for damages in respect of the injuries; and
(b) the defect were the person’s wrongful act, neglect or default. Article 37
Unidentified Manufacturer
1.

for damages in respect of the injuries; and
(b) the defect were the person’s wrongful act, neglect or default. Article 37
Unidentified Manufacturer
1.

If a person who wishes to institute a liability action does not know who
manufactured the action goods, the person may serve on a supplier, or each supplier, of the
action goods who is known to the person a written request to give the person particulars
identifying:
(a) the person which manufactured the goods; or
(b) the supplier of the goods to the supplier requested. 2. If, 30 days after the person has made the request or requests, the person still does
not know who manufactured the action goods, then the person, or each person, that is a supplier:
(a) to whom a request was made; and
(b) who did not comply with the request -
- is taken, for the purposes of the action, to have manufactured the action goods. Article 38
Defences
1.

nd
(b) who did not comply with the request -
- is taken, for the purposes of the action, to have manufactured the action goods. Article 38
Defences
1.

In a liability action, it is a defence if it is established that:
(a) the defect in the action goods that is alleged to have caused the loss did not exist at the
supply time; or
(b) they had that defect only because there was compliance with a mandatory standard
for them; or
(c) the state of scientific or technical knowledge at the time when they were supplied by
their actual manufacturer was not such as to enable that defect to be discovered; or
(d) if they were comprised in other goods (finished goods) - that defect is attributable
only to:
(i) the design of the finished goods; or
(ii) the markings on or accompanying the finished goods; or
(iii) the instructions or warnings given by the manufacturer of the finished
goods. Article 39
Rules
The Board may make Rules which shall become effective upon approval by the Council. Competition and Consumer
400 No. 21 of 2023] Protection (Amendment)