OECD kpcdb

1. Scope

 

The CCA2010 regulates abuse of dominance under the name of restrictive trade practices, together with anti-competitive agreements. Part 6 of the CCA2010 prohibits misuse of market power under Section 66.

 

Section 66 stipulates that a person that has a substantial degree of power in a market shall not take advantage of that power for the purpose of the following:

 

a)  Eliminating or substantially damaging a competitor of such person or of a body corporate that is related to such person in that or any other market;

b)  Preventing the entry of a person into the market into that or any other market; or

c)  Deterring or preventing a person from engaging in competitive conduct in that or any other market.

2. Assessment

In determining the degree of power that a person or body corporate has in a market, Section 66 (3) states that the Court shall consider the extent to which the conduct of the person or of the body corporate is constrained by the conduct of competitors or potential competitors or any person that supplies or acquires goods or services in the market.

3. Remedies and sanctions

Any party who contravenes Section 66 is guilty of an offence punishable on conviction by fine, pecuniary penalty and/or imprisonment. See Section I.4 for more information.

 

In the last five years, there has been no specific cases related to abuse of dominance in Fiji.

 

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