OECD kpcdb

1. Scope

 

As per Section 21 of the Act, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in any market in Brunei Darussalam is prohibited.

 

Section 21 (2) sets forth that for the purposes of Section 21 (1), conduct may, in particular, constitute such an abuse if it consists in-

 

a)  predatory behaviour towards competitors;

b)  limiting production, markets or technical development to the prejudice of consumers;

c)  applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or

d)  making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.

Excluded cases: As per Section 22, the section 21 prohibition shall not apply to such matter as may be specified in the Third Schedule of the Order (Please refer to Excluded cases in 1. Section 11 Prohibition, II. Anti-competitive agreements for details).

2. Assessment

No Guidelines have yet been issued by the Commission on how it will interpret and apply the legal provisions.

3. Remedies and sanctions

See Section I.4 above.

 

 

* This information is based on Competition Law in Asia-Pacific: A Guide to Selected Jurisdictions (2018).