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Chapter 90:07 - Competition and Fair Trading

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L.R.O. 1/2012
LAWS OF GUYANA
COMPETITION AND FAIR TRADING ACT
CHAPTER 90:07
Act
11 of 2006
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 60 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 90:07
COMPETITION AND FAIR TRADING ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Objects of Act.
4. Application of Act.
PART II
THE COMPETITION COMMISSION
5. Establishment of Commission.
6. Functions of Commission.
7. General powers of Commission.
8. Funds of Commission.
9. Power to charge fees.
10. Accounts and audit.
11. Reports.
12. Appointment of Director and other employees.
13. Pensions, gratuities and other retiring benefits.
14. Power of entry and search.
15. Destruction of records.
16. Giving of fake or misleading information to the Commission.
17. Discontinuance of inquiry or investigation.
18. Summons to examine witnesses.
19. Notice to produce documents.
PART III
ANTI-COMPETITIVE AGREEMENTS AND ABUSE OF DOMINANT
POSITION
20. Provisions of agreements having effect of restricting, preventing or
distorting competition.
21. Agreements containing exclusionary provisions.
22. Action by Commission re anti-competitive agreement or trade
practice.
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23. Prohibition of abuse of dominant position.
24. Abuse of dominant position.
25. Action in relation to abuse of dominant position.
26. Exception to section 25.
27. Provisions relating to direction under section 25.
PART IV
RESALE PRICE MAINTENANCE
28. Collective agreements by suppliers prohibited.
29. Collective agreement by dealers.
30. Application of sections 28 and 29 to associations.
31. Minimum resale price maintained by contract.
32. Patented goods.
33. Maintenance of minimum resale prices by other means.
34. Interpretation.
PARTV
AUTHORISATIONS
35. Grant of authorisation.
36. Effect of authorisation.
37. Revocation of authorisation.
38. Register of authorisation.
PART VI
OFFENCES
39. Price Fixing
40. Conspiracy.
41. Bid-rigging.
42. Misleading advertising.
43. Representation as to test and publication of testimonials.
44. Double ticketing.
45. Sale at bargain price.
46. Sale above advertised price.
PART VII
ENFORCEMENT REMEDIES AND APPEALS
47. Application for enforcement.
48. Powers of High Court.
49. Fixed penalties.
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49A. Criteria for assessing and imposing penalty.
50. Civil liability.
51. Appeals.
52. Operation of order pending determination of appeal.
PART VIII
THE COMMUNITY COMPETITION COMMISSION
53. References to Community Competition Commission.
54. Powers of Community Competition Commission.
55. Effect of decisions of Community Competition Commission.
PART IX
GENERAL
56. Regulations.
57. Power to prohibit disclosure of information, documents and evidence.
58. Confidentiality.
FIRST SCHEDULE The Competition Commission.
SECOND SCHEDULE Forms.
_________________________

CHAPTER 90:07
COMPETITION AND FAIR TRADING ACT

AN ACT to promote, maintain and encourage competition and to prohibit
the prevention, restriction or distortion of competition and the
abuse of dominant positions in trade; to promote the welfare and
interests of consumers, to establish a Competition Commission and
for connected matters.
Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Competition and Fair
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Short title.
Trading Act.
2. (1) In this Act, unless the context otherwise
requires–
"acquire" in relation to –
(a) goods, includes to obtain by way of gift,
purchase or exchange, lease, hire or hire
purchase;
(b) services, includes to accept the service;
(c) intellectual property, means to obtain by
licence, assignment or government grant;
"advertisement" means any form of communication made to
the public or a section thereof for the purpose of
promoting the supply of goods or services;
"agreement" includes any agreement, arrangement or
understanding, whether oral or in writing or whether
or not it is legally enforceable or is intended to be
legally enforceable;
"authorised officer" means any officer of the Commission
authorised by the Commission to assist in the
performance of its functions under this Act;
"business" includes the business of-
(a) manufacturing, producing, transporting,
acquiring, supplying, storing and otherwise
dealing in goods for gain or other reward; and
(b) acquiring, supplying and otherwise dealing in
services for gain or reward;
"Commission" means the Competition Commission
established under section 5;
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"Community" means the Caribbean Community including
the CARICOM Single Market and Economy;
"Community Competition Commission" means the
Competition Commission established under Article
171 of the Revised Treaty of Chaguarumus
establishing the Caribbean Community including the
CARICOM Single Market and Economy;
"consumer" means any person. organisation, or enterprise for
whom goods of services are or are intended to be
supplied in the course of a business carried on by the
supplier or potential supplier and who does not seek
to receive the goods or services in the course of a
business carried on by him;
"control" in relation to a company, means the power of a
person to secure by means of-
(a) the holding of shares or the possession of
voting power in relation to that company; or
(b) any other power conferred by the articles of
incorporation or other document regulating
the company,
that the business of the company is conducted in
accordance with the wishes of that person;
"document" includes electronic records;
"enterprise" means any person or type of organisation, other
than a non-profit organisation involved in the
production of or the trade in goods or the provision of
services;
“exclusive dealing" means any practice whereby a supplier of
goods –

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(a) as a condition of supplying the goods to a
person, requires that person to –
(i) deal only or primarily in goods
supplied by or designated by the
supplier or his nominee; or
(ii) refrain from dealing in a specified
class or kind of goods except as
supplied by the supplier or his
nominee;
(b) induces a person to meet a condition referred
to in paragraph (a) by offering to supply the
goods to the person on more favourable terms
or conditions if the person agrees to meet that
condition;
"goods" means all kinds of property other than immovable
property, money, securities or choses in action;
"market restriction" means any practice whereby a supplier
or goods, as a condition of supplying the goods to a
person, requires that person to supply any goods only
in a defined market, or exacts a penalty of any kind
from the person if he supplies any goods outside a
defined market;
"Member State" means a Member State of the Community
excluding an Associate Member of the Community;
"Minister" means the Minister assigned responsibility for the
Commission;
"price" includes any charge or fee, by whatever name called;
"public utilities" includes any person defined as a public
utility under section 4 of the Public Utilities
Commission Act;
"relevant market" means the supply of goods or services to a
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geographical area which from the viewpoint of the
consumer are substitutable in terms of price or use;
"service" means a service of any description, whether
industrial, trade, professional or otherwise;
"supply” means, in relation to-
(a) goods, to sell, rent, lease or otherwise dispose
of goods or an interest therein or a right
thereto or offer so to dispose of such goods,
right or interest;
(b) services, to sell, rent or otherwise provide
services or offer to provide such services;
and “supplier" shall be construed accordingly;
"tied selling” means any practice whereby a supplier of
goods or services-
(a) as a condition of supplying the goods or
services (hereinafter referred to as the “tied
goods” or “tied services” respectively) to a
person, requires the person to -
(i) acquire any other goods or services
from the supplier or his nominee;
(ii) refrain from using or distributing,
in conjunction with the tied goods,
any other goods that are not of a
brand or manufacture designated
by the supplier or the nominee;
and
(b) induces a person to meet a condition set out in
paragraph (a) by offering to supply the tied
goods or tied services to the person on more
favourable terms or conditions if the person
agrees to meet that condition;
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Objects of Act.
"trade" includes any business, industry, profession or
occupation relating to the supply or acquisition of
goods or services.
(2) For the purposes of this Act-
(a) any two enterprises are to be treated as
interconnected enterprises if one of them is
the subsidiary of the other or both are
subsidiaries of the same parent enterprise;
(b) a group of interconnected enterprises shall be
treated as a single enterprise.
(3) For the purposes of this Act, an enterprise is a
subsidiary of another enterprise if it is controlled by that
other enterprise.
(4) Every reference in this Act to the term "market" is a
reference to a market in Guyana for goods and services as
well as other goods and services that, as a matter of fact and
commercial commonsense, may be substituted for them in
terms of price and use.
(5) References in this Act to the lessening of
competition shall, unless the context otherwise requires,
include references to hindering or preventing competition.
(6) For the purposes of this Act, the effect on
competition in a market shall be determined by reference to
all factors that affect competition in that market, including
actual or potential competition from goods or services
supplied or likely to be supplied by persons not resident or
carrying on business in Guyana.
3. The objects of this Act are to –
(a) promote, maintain and encourage competition
and enhance economic efficiency in
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Application of Act.
production. trade and commerce;
(b) prohibit anti-competitive business conduct
which prevents, restricts or distorts
competition or constitutes the abuse of a
dominant position in the market; and
(c) promote the welfare and interests of consumers.
4. (1) This Act shall not apply to-
(a) combinations or activities of employees for
their own reasonable protection as employees;
(b) arrangements for collective bargaining on
behalf of employers and employees for the
purpose of fixing terms and conditions of
employment;
(c) subject to section 24 (2) and (3), the entering
into of an agreement in so far as it contains a
provision relating to the use, licence or
assignment of rights under or existing by
virtue of any copyright, patent or trade mark;
(d) any act done to give effect to a provision of an
arrangement referred to in paragraph (c);
(e) the entering into or carrying out of such
agreement as its authorised by the
Commission under Part V or the engagement
in such business practice as is so authorised;
(f) activities expressly approved under any treaty
or agreement to which Guyana is a party;
(g) activities of professional associations designed
to develop or enforce professional standards
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Establishment of
of competence reasonably necessary for the
protection of the public;
(h) such other business or activity as the Minister,
with the agreement of the Commission, may
declare by Order.
(2) This Act applies to public utilities, but before the
Commission exercises its functions in relation to such
activities it shall consult with the Public Utilities Commission
established under the Public Utilities Commission Act:
Provided that –
(a) the Commission shall strictly confine itself to
discharging its functions in relation to a
matter falling within the provisions of this
Act;
(b) the Public Utilities Commission shall strictly
confine itself to discharging its functions
specified under the Public Utilities
Commission Act, and neither shall arrogate to
itself and deal with matters that are within the
domain and contemplation of the other;
Provided further, and notwithstanding anything in
this Act, that no function that is essentially a function of, or
which has over the time, been discharged by, the Public
Utilities Commission shall be discharged by the Commission.
(3) In this section "consult" shall be construed in
accordance with the meaning of "consultation" as defined in
article 232 of the Constitution.
PART II
THE COMPETITION COMMISSION
5. (1) There is hereby established for the purposes of
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Commission.
First Schedule
Functions of
Commission.
this Act, a body corporate to be known as the Competition
Commission.
(2) The provisions of the First Schedule shall have
effect as to the constitution, of the Commission and
otherwise in relation thereto.

6. (1) The Commission shall discharge the following
functions –
(a) keep under review commercial activities with
a view to ascertaining practices which may
adversely affect the economic interests of
consumers;
(b) order, on its own initiative or at the request of
any person, such investigations in relation to
the conduct of business as will enable it to
determine whether any enterprise is engaging
in business practices in contravention of this
Act;
(c) conduct such inquiries as it may consider
necessary or desirable in connection with any
matter falling within the provisions of this
Act;
(d) advise the Minister on such matters relating
to the operation of this Act as it thinks fit or as
may be requested by the Minister;
(e) take such action as it considers necessary with
respect to the abuse of a dominant position by
any enterprise;
(f) eliminate anti-competitive agreements;
(g) carry out such other functions as are required
to give effect to this Act.
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(2) The Commission shall-
(a) make available-
(i) to persons engaged in business,
general information with respect
to their rights and obligations
under this Act;
(ii) for the guidance of consumers,
general information with respect
to the rights and obligations of
persons under this Act affecting
the interests of consumers;
(b) undertake studies and publish reports and
information regarding matters affecting the
interests of consumers;
(c) co-operate with and assist any association or
body of persons in developing and promoting
the observance of standards of conduct for the
purpose of ensuring compliance with the
provisions of this Act.
(3) The Commission shall co-operate with –
(a) the Community Competition Commission for
the purpose of enforcing compliance with the
provisions of this Act; and
(b) competition authorities of other Member States
for the purpose of detecting and preventing
anti-competitive conduct and exchanging
information relating to such conduct.
(4) The Commission shall order investigations' into
any allegations of anti-competitive conduct referred to it by
the Community Competition Commission or by a
competition authority of another Member State and shall
submit to the Community Competition Commission or that
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General Powers of
Commission.
other competition authority, a written report of its findings.
7. (l) Except as otherwise provided in this Act, for the
purpose of carrying out its functions under this Act, the
Commission shall have power to –
(a) declare certain business practices to be abuses
of dominant position;
(b) prohibit the withholding of supplies or any
threat thereof;
(c) order the termination of an agreement;
(d) prohibit the making or carrying out of an
agreement;
(e) prohibit the attachment of extraneous
conditions to any transactions;
(f) prohibit discrimination or preferences in prices
or other related matters;
(g) require the publication of transparent price
lists;
(h) order enterprises to cease and desist from any
form or conduct that has or is likely to have as
its object or effect the lessening of
competition.
(2) The Commission shall obtain such information as
it considers necessary to assist it in its inquiry and. where it
considers appropriate, shall examine and obtain verification
of documents submitted to it.
(3) The Commission shall have power to-
(a) summon and examine witnesses;
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(b) call for and examine documents;
(c) administer oaths;
(d) require that any document submitted to the
Commission be verified by affidavit:
(e) adjourn any inquiry from time to time;
(f) require the furnishing of such returns or
information as it may require by such persons
as it may specify by notice.
(4) The Commission may hear orally any person who,
in its opinion will be affected by an investigation or inquiry
under this Act.
(5) The Commission may require a person engaged in
business or trade or such other person as the Commission
considers appropriate, to state such facts concerning goods,
manufactured, produced or supplied by that person or
services so supplied, as the Commission may think necessary
to determine whether the conduct of the business in relation
to the goods and services constitutes an anti-competitive
practice.
(6) If the information specified in subsection (2) is not
furnished to the Commission's satisfaction, it may make a
finding on the basis of information available before it.
(7) A summons to attend, give evidence or produce
documents before the Commission shall be served on the
person required so to attend and give evidence or to produce
documents and shall be issued under the hand of the
Director or any member of the Commission.
(8) All persons summoned to attend and give
evidence or produce documents at any sitting of the
Commission shall be bound to obey the summons served
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upon them.
(9) Hearings of the Commission shall take place in
public but the Commission may, whenever the circumstances
so warrant, conduct a hearing in camera.
(10) Any person who –
(a) without sufficient cause, fails or refuses-
(i) to attend or give evidence before
the Commission in obedience to a
summons issued under this Act;
(ii) to produce any document which
he is required by such summons to
produce; or
(iii) refuses to take an oath or make an
affirmation as a witness or to
answer any question put to him;
(b) being a witness leaves a sitting of the
Commission without the Commission's
permission;
(c) wilfully-
(i) insults any member or officer of
the Commission;
(ii) obstructs or interrupts the
proceedings of the Commission; or
(iii) refuses to comply with a
requirement of the Commission
under this Act;
(d) makes a complaint to the Commission that a
business enterprise is acting in contravention
of this Act, which the Commission finds to be
a vexatious, frivolous or malicious complaint.
commits an offence and is liable on summary conviction to a
fine of one million dollars and to imprisonment for three
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Funds of
Commission.

Power to charge
fees.


Accounts and audit.
months.
8. The funds of the Commission shall consist of-
(a) such sums as may be appropriated by the
National Assembly for the purposes of this
Act;
(b) fees collected pursuant to section 9;

(c) fixed penalties paid to the Commission
pursuant to section 49;
(d) all monies paid to the Commission by way of
grants or donations;
(e) all monies made available to or borrowed by
the Commission under this Act for the
purpose of the Commission with the approval
of the Minister; and
(f) any other moneys which may in any manner
become payable to or vested in the
Commission in respect of any matter
incidental to its functions.

9. The Commission may charge fees for any services
rendered by it and such fees shall be used by the
Commission to defray its expenses including the provision of
advisory opinions.
10. (1) The accounts of the Commission shall be
audited annually by the Auditor-General or by any auditor
or auditors approved by him for that purpose.
(2) A statement of accounts so audited shall form part
of the annual report referred to in section 11 (1).
(3) The Commission shall –

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Reports.
Appointment of
Director and other
employees.
(a) within four month's after the end of the
financial year, submit to the Minister a
statement of accounts audited in accordance
with subsection (1); and
(b) not later than four months prior to the
beginning of the next financial year, submit to
the Minister for approval, estimates of
revenue and expenditure for the financial year
next following.
11. (1) The Commission shall, not later than four
months after the end of each financial year, cause to be made
and transmitted to the Minister, a report dealing generally
with the Commission's activities during the preceding
financial year.
(2) The Commission may from time to time furnish to
the Minister a report relating to any particular matter or
matters investigated which, in its opinion, require the
Minister's special attention.
(3) The Minister shall cause a copy of the report
submitted-under subsection (1) to be laid before the National
Assembly, not later than three months after receipt from the
Commission.
12. (1) The Commission shall appoint a Director, who
shall hold office for a period of three years and may be re-
appointed for a period not exceeding three years at a time.
(2) The Commission may, after consultation with the
Minister, terminate the employment of the Director if that
individual –
(a) becomes permanently unable to perform his
functions by reasons of a mental or physical
infirmity;

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Pensions, gratuities
and other retiring
benefits.
(b) fails to satisfactorily carry out his
responsibilities under this Act: or
(c) engages in such activities as are reasonably
considered to be prejudicial to the
Commission's interest.
(3) The Director shall be responsible for the day-to-
day management of the Commission.

(4) Subject to subsection (5), the Director shall receive
such emoluments and be subject to such terms and
conditions of service as may from time to time be determined
by the Commission.
(5) The emoluments and terms and conditions of
service of the Director, other than allowances that are not
taken into account in computing pensions, shall not be
altered to his disadvantage during the period of his
appointment or reappointment, as the case may be.
(6) The Director may, with the approval of the
Commission appoint at such remuneration and on such
terms and conditions as he thinks fit, such other officers and
employees including investigators, as are necessary for the
proper carrying out of the provisions of this Act.
(7) The emoluments payable to the Director and staff
of the Commission by virtue of this Act shall be charged on
and paid out of the funds of the Commission.
13. (1) The Commission may enter into arrangements
respecting schemes. whether by way of insurance policies or
not for medical benefits, pensions, gratuities and other
retiring or disability or death benefits relating to the Director,
officers and other employees of the Commission.
(2) Arrangements referred to in subsection (1) may
include provisions for the grant of benefits to the dependants
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Power of entry and
search.
and the legal personal representatives of the Director, officers
and other employees.
14. (1) The Commission may, for the purpose of
ascertaining whether any person has engaged, is engaging or
is likely to engage in conduct constituting or likely to
constitute a contravention of this Act, order an investigation
to be conducted by its investigators against the person
complained of.
(2) For the purpose of conducting an investigation
ordered by the Commission under subsection (1), an
investigator may-
(a) enter and search any premises; and
(b) inspect and remove for the purpose of making
copies, any documents or extracts therefrom
in the possession or under the control of any
person.
(3) An investigator shall not exercise the powers
conferred by subsection (2) without a warrant issued under
subsection (4).
(4) Where a Magistrate is satisfied on information on
oath that there is reasonable ground for believing that any
person complained against has engaged or is engaging in
conduct constituting or likely to constitute a contravention of
this Act, the Magistrate may issue a warrant permitting an
investigator to exercise the powers conferred by subsection
(2) in relation to any premises specified in the warrant but
the Commission may release the document before, having
examined and noted its contents.
(5) A warrant shall not authorize the detention of a
document for a period exceeding ninety days.
(6) An investigator shall –
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Destruction of
records.
Giving of fake or
misleading
information to the
Commission.
(a) on entering any premises pursuant to a
warrant, produce evidence of his authority to
so enter and of his identity;
(b) upon completing the search authorized by the
warrant, leave a receipt listing documents or
extracts therefrom that are removed for the
purposes of this section.
(7) The occupier or person in charge of any premises
entered pursuant to this section shall provide the
investigator with all reasonable facilities and assistance for
the effective exercise of his functions under this section.
(8) Any person who, in any manner, impedes,
prevents, or obstructs any investigation or inquiry by the
Commission under this Act is guilty of an offence and liable
on summary conviction to a fine of ten million dollars and to
imprisonment for six months.
15. A person who –
(a) refuses to produce any document or to supply
any information when required to do so by
the Commission under this Act; or
(b) intentionally or recklessly alters or destroys
any record likely to be required for any
investigation that has commenced under this
Act, is guilty of an offence and is liable on
summary conviction to a fine of ten million
dollars and to imprisonment for six months.
16. Any person who gives to the Commission or an
authorised officer any information which he knows to be
false or misleading is guilty of an offence and liable on
summary conviction to a fine of one million dollars and to
imprisonment for three months.

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Discontinuance of
inquiry or
investigation.
Summons to
examine witnesses.
Notice to produce
documents.
17. (1) At any stage of an investigation, the
investigator may recommend to the Commission that the
investigation be discontinued, giving reasons for the
recommendation.
(2) The Commission may if satisfied, on the basis of
the recommendations of the investigator, order the
discontinuance of the investigation.
(A) Where the Commission is dissatisfied with the
recommendations of the investigator, the Commission may
decide to investigate further.
(3) Where, at any stage of an inquiry under this Act,
the Commission is of the opinion that the matter, subject to
inquiry, does not justify further, the Commission may
discontinue the inquiry.
(4) Where the Commission discontinues an
investigation or inquiry and shall hand over all documents to
the person from whom they were obtained it shall within
fourteen days thereafter, make a report in writing to the
Minister and notify the parties concerned in the investigation
or inquiry, stating the information obtained and the reason
for discontinuing the investigation or inquiry.
18. Where the presence of a witness is required for
the purposes of an investigation, the Commission shall serve
on that witness a summons in the form set out as Form A in
the Second Schedule.
19. (1) Where the Commission requires a document to
be produced for the purposes of an investigation, the
Commission shall serve on the relevant person, a notice in
the form set out as Form B in the Second Schedule.
(2) The person notified pursuant to paragraph (1)
shall produce the document specified in the notice within
twenty days of the date of the service thereof.
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Provisions of
agreements having
effect of restricting,
preventing or
distorting
competition.
PART III
ANTI-COMPETITIVE AGREEMENTS, ABUSE OF
DOMINANT POSITION
20. ( 1) Subject to the provisions of this section-
(a) all agreements between enterprises; and
(b) concerted practices of enterprises or decisions
of, associations of enterprises,
which have or are likely to have the effect of preventing,
restricting or distorting competition in a market are
prohibited and void.
(2) Without prejudice to the generality of subsection
(1), agreements referred to in that subsection include
agreements containing provisions that-
(a) directly or indirectly fix purchase or selling
prices or determine any other trading
conditions;
(b) limit or control production, markets, technical
development or investment;
(c) provide for the artificial dividing up of markets
or sources of supply;
(d) affect tenders to be submitted in response to a
request for bids;
(e) apply dissimilar conditions to equivalent
transactions with other trading parties,
thereby placing them at a competitive
disadvantage;
(f) make the conclusion of contracts subject to
acceptance by the other parties of
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Agreements
containing
exclusionary
provisions.
supplementary obligations which, by their
nature or according to commercial usage,
have no connection with the subject of such
contracts.
(3) Subsection (1) shall not apply to any agreement or
category of agreements, the entry into which has been
authorised under Part V or which the Commission is
satisfied –
(a) contributes to the improvement of production
or distribution of goods or services or the
promotion of technical or economic progress,
while allowing consumers a fair share of the
resulting benefit;
(b) imposes on the enterprises concerned only
such restrictions as are indispensable to the
attainment of the objectives mentioned in
paragraph (a); or

(c) does not afford such enterprises the possibility
of eliminating competition in respect of a
substantial part of the goods or services
concerned.
(4) No person shall give effect to any agreements of
enterprises or concerted practices or decisions of associations
of enterprises that have the object or effect mentioned in
subsection (1).
21. (1) No person shall give effect to an exclusionary
provision in an agreement.
(2) For the purposes of this Act, a provision of an
agreement is an exclusionary provision if-
(a) the agreement is entered into or arrived at
between persons of whom any two or more
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Action by
Commission re anti-
competitive
agreement or trade
practice.
are in competition with each other; and
(b) the effect of the provision is to prevent, restrict
or limit the supply of goods or services to, or
the acquisition of goods or services from, any
particular person or class of persons either
generally or in particular circumstances or
conditions, by all or any of the parties to the
agreement, or, if a party is an enterprise, by
an interconnected enterprise.
(3) For the purposes of subsection (2), a person is in
competition with another person if that person or any
interconnected enterprise-

(a) is, or is likely to be; or
(b) but for the relevant provision, would be or
would be likely to be,
in competition with the other person or with an
interconnected enterprise, in relation to the supply or
acquisition of all or any of the goods or services to which that
relevant provision relates.
22. (1) Subject to this section, where the Commission
determines that any agreement or trade practice referred to
in sections 20 and 21 is anti-competitive. it shall serve an
order on the parties stating the reasons for the determination
and requiring them-
(a) to cease the practice; or
(b) to terminate the agreement.
(2) A person who has suffered loss as a result of any
anti-competitive agreement or trade practice may apply to
the Commission for compensation and the Commission may,
if it is satisfied that the circumstances of the case so warrant,
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Prohibition of
abuse of dominant
position.
Abuse of dominant
position.

order the parties whose agreement or trade practice is anti-
competitive to pay to the person such compensation as the
Commission shall determine.
(3) An enterprise that fails to terminate the anti-
competitive agreement or practice within the period agreed
with the Commission commits an offence and shall be liable
on summary conviction to a fine of fifty million dollars and
to imprisonment for one year.
23. (1) Subject to section 24 (2), any conduct on the
part of one or more enterprises which amounts to an abuse of
a dominant position in a market is prohibited.
(2) For the purposes of this Act, an enterprise holds a
dominant position in a market if, by itself or together with an
interconnected enterprise, 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.
24. (1) An enterprise abuses a dominant position if it
impedes the maintenance or development of effective
competition in a market and in particular, but without
prejudice to the generality of the foregoing, if it –
(a) restricts the entry of any enterprise into that
or any other market;
(b) prevents or deters any enterprise from
engaging in competitive conduct in that or
any other market;
(c) eliminates or removes any enterprise from that
or any other market;
(d) directly or indirectly imposes unfair purchase
or selling prices or other anti-competitive
practices;
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(e) limits production of products to the prejudice
or consumers;
(f) makes the conclusion of agreements subject to
acceptance by other parties of supplementary
obligations which by their nature, or
according to commercial usage, have no
connection with the subject;
(g) engages in any business conduct that results
in the exploitation of its consumers or
suppliers including but not limited to
exclusive dealing, market restriction or tied
selling.
(2) An enterprise shall not be treated as abusing a
dominant position –
(a) if it is shown that its behaviour was exclusively
directed to improving the production or
distribution of goods or to promoting
technical or economic progress and
consumers were allowed a fair share of the
resulting benefit;
(b) subject to subsection (3), by reason only that
the enterprise enforces or seeks to enforce any
right under or existing by virtue of any
copyright, patent, registered design or trade
mark or other property right; or
(c) if the effect or likely effect of its behaviour in
the market is the result of its superior
competitive performance.
(3) An enterprise may be treated as abusing its
dominant position in enforcing or seeking to enforce the
rights referred to in subsection (2) (b), if the Commission is
satisfied that the exercise of those rights –
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Action in relation to
abuse of dominant
position.
(a) has the effect of unreasonably lessening
competition in a market; and
(b) impedes the transfer and dissemination of
technology.
25. (1) Where the Commission has reason to believe
that an enterprise that has dominant position in a market has
abused or is abusing that position, the Commission may,
subject to section 26, order an investigation into the matter.
(2) Following an investigation, if the Commission
finds that an enterprise has abused or is abusing a dominant
position and that the abuse has had, is having or is likely to
have the effect of lessening competition substantially in a
market the Commission shall prepare a report indicating the
practices that constitute the abuse and shall –
(a) notify the enterprise of its finding
accompanied by a copy of the report; and
(b) direct the enterprise to cease the abusive
practice immediately, or within a time period
agreed with the Commission or not more than
six months.
(3) An enterprise that fails to cease the abusive
practice referred to in subsection (2) within the period agreed
with the Commission commits an offence and shall be liable
on summary conviction to a fine of fifty million dollars and
to imprisonment for one year.
(4) Where the Commission finds that the abusive
practice constitutes tied selling, the Commission shall
prohibit the enterprise concerned from continuing that
practice immediately.
(5) Subject to subsection (7), the Commission shall act
in accordance with subsection (6) if it finds that exclusive
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Exception to
section 25.
dealing or market restriction, because it is engaged in by a
major supplier of goods or services in a market or because it
is widespread in a market, is likely to –
(a) impede entry into or expansion of an
enterprise in the market;
(b) impede the introduction of goods into or
expansion of sales of goods or services in the
market; or
(c) have any other exclusionary effect in the
market,
with the result that competition is or is likely to be lessened
substantially.
(6) The Commission may prohibit the supplier
referred to in subsection (5) from continuing to engage in
market restriction or exclusive dealing and order that
supplier to take such other action as, in the Commission's
opinion, is necessary to restore or stimulate competition in
relation to the goods or services.
(7) The Commission shall not take action under this
section where, in its opinion, exclusive dealing or market
restriction is or will be engaged in only for a reasonable
period of time to facilitate entry of new goods or a new
supplier of goods into a market.
(8) This section shall not apply in respect of exclusive
dealing or market restriction between or among
interconnected enterprises.
26. (1) The Commission shall not order an
investigation in respect of an enterprise under section 25
unless it is satisfied that the enterprise controls more than
forty percent of the market.

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Provisions relating
to direction under
section 25.
(2) For the purposes of subsection (1), an enterprise
controls more than forty percent of a market if-
(a) where the market relates to the supply of goods
or services of any description, more than forty
percent of all the goods or services of that
description which are supplied in Guyana are
supplied by or to that enterprise or a group of
interconnected enterprises of which the
enterprise is a part;
(b) where the market relates to the export of goods of
any description from Guyana, more than forty
percent of all the goods of that description which
are produced in Guyana are produced by that
enterprise or a group of interconnected
enterprises of which the enterprise is a part.
(3) In the cases referred to in subsection (2) (b), a
dominant position shall be taken to exist both in relation to
export of goods of that description from Guyana generally
and to export of goods of that description from Guyana to
each country taken separately.
27. (1) Where, within thirty days of the receipt of the
direction under section 25(2), the enterprise concerned
submits to the Commission the measures it would take and
the time table for giving effect to the measures to cease the
abusive practice, and the Commission is satisfied as to those
measures, it shall suspend the operation of the direction and
notify the enterprise in writing thereof.
(2) Where an enterprise referred to in subsection (1)
fails or neglects to give effect to the measures mentioned in
that subsection within a period of six months after the date
on which those measures were accepted by the Commission,
the direction issued under section 25 (2) shall have effect at
the end of that period.

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Collective
agreements by
suppliers
prohibited.

Collective
agreement by
PART IV
RESALE PRICE MAINTENANCE
28. (1) It is unlawful for any two or more enterprises
which are suppliers of goods or services to enter into or carry
out any agreement whereby they undertake to –
(a) withhold supplies of goods or services from
dealers (whether parties to the agreement or
not) who resell or have resold goods or
services in breach of any condition as to the
price at which those goods or services may be
resold;

(b) refuse to supply goods or services to such
dealers except on terms and conditions which
are less favourable than those applicable in
the case of other dealers carrying on business
in similar circumstances;
(c) supply goods or services only to persons who
undertake or have undertaken to do any of
the acts described in paragraph (a) or (b).
(2) It is unlawful for any two or more enterprises
referred to in subsection (1) to enter into or carry out any
agreement authorising –
(a) the recovery of penalties (however described) by
or on behalf of the parties to the agreement from
dealers who resell or have resold goods or
services in breach of any condition described in
subsection (1) (a); or
(b) the conduct of any proceedings in connection
therewith.
29. (1) It is unlawful for any two or more enterprises
which are dealers in any goods or suppliers of services, to
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dealers.

Application of
sections 28 and 29
to associations.
Minimum resale
price maintained
by contract.
enter into or carry out any agreement whereby they
undertake to –
(a) withhold orders for supplies of goods or
services from suppliers (whether parties to the
agreement or not) who –
(i) supply or have supplied goods
or services without imposing
such a condition as is described
in section 31 (2)(a); or
(ii) refrain or have refrained from
taking steps to ensure
compliance with such
conditions in respect of goods
or services supplied by them; or
(b) discriminate in their handling of goods or
s ervices against goods or services
supplied by those suppliers.
(2) It is unlawful for any two or more enterprises
referred to in subsection (1) to enter into or carry out an
agreement authorising the recovery of penalties (however
described) by or on behalf of the parties to the
agreement from the suppliers referred to in that
subsection or the conduct of any proceedings in
connection therewith.
30. Sections 28 and 29 apply in relation to an
association whose members consist of or include
enterprises which are suppliers or dealers in any
goods or services or representatives of such enterprises.
31. (1) Any term or condition of an agreement for
the sale of any goods or service by a supplier to a dealer
is void to the extent that it purports to establish or
provide for the establishment of minimum prices to be
charged on the resale of the goods or services.

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Patented goods.
(2) Subject to subsections (1) and (4), it is u nlawful
for a supplier of goods or services or his agent to –
(a) include in an agreement for the sale of
goods or services. a term or condition
which is void by virtue of this section;
(b) require, as a condition of supplying goods
or services to a dealer, the inclusion in the
agreement of any term or condition or the
giving of any undertaking to the like
effect;
(c) notify to dealers, or otherwise publish on
or in relation to any goods or services, a
price stated or calculated to be
understood as the minimum price which
may be charged on the resale of the goods
or services.

(3) Subsection (2)(a) does n o t affect the
enforceability of an agreement except in respect of the
term or condition which is void by virtue of this section.
(4) Nothing in subsection (2) (c) shall be construed
as precluding a supplier (or an association of persons
acting on a supplier's behalf) from notifying to dealers or
otherwise publishing prices recommended as appropriate
for the resale of goods or services supplied or to be
supplied by the supplier.

32. (1) Section 31 applies to patented goods
(including, goods made by a patented process) as it
applies to other goods.
(2) Notice of any term or condition which is void by
virtue of this Part, or which would be so void if included in
an agreement relating to the sale of any such goods, is of
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Maintenance of
minimum resale
prices by other
means.
no effect for the purpose of limiting the right of a. dealer to
dispose of those goods without infringement of the
patent.
(3) Nothing in section 31 and this section affects
the validity, as between the parties to an agreement and
their successors, of any term or condition of-
(a) a licence granted by the proprietor of a
patent or a licensee under any such licence;
or
(b) any assignment of a patent,
so far as it regulates the price at which goods produced
or processed by the licensee or assignee may be sold by
him.

33. (1) It is unlawful for a supplier to withhold
supplies of any goods or services from a dealer seeking to
obtain them for resale on the ground that the dealer –
(a) has sold goods or' services obtained either
directly or indirectly from that supplier, at a
price below the resale price or has supplied
such goods or services either directly or
indirectly to a third party who had done so;
or
(b) is likely, if the goods or services are supplied
by him, to sell them at a price below that
price, or supply them either directly or
indirectly to a third party who would be
likely to do so.
(2) In this section "the resale price", in relation to a
sale of any description, means any price –

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Interpretation.
(a) notified to the dealer or otherwise
published by or on behalf of a supplier of
the goods or services in question (whether
lawfully or not) as the price or minimum
price which is to be charged on or is
recommended as appropriate for a sale of
that description; or

(b) fixed or purporting to be fixed for that
purpose by an agreement between the
dealer and any such supplier .
(3) Where under this section it would be unlawful for
a supplier to withhold supplies of goods or services, it is also
unlawful for him to cause or procure any other supplier to
do so.
34. (1) For the purposes of this Part, a supplier of
goods or services shall be treated as withholding supplies
from a dealer if-
(a) he refuses or fails to supply those goods or
services to the order of the dealer;
(b) he refuses to supply those goods or services
to that dealer except at prices, or on terms or
conditions as to credit, discount or other
matters which are significantly less favourable
than those at or on which he normally
supplies those goods or services to other
dealers carrying on business in similar
circumstances; or
(c) although he enters into an agreement to
supply goods or services to the dealer, he
treats him in a manner significantly less
favourable than that in which he normally
treats other such dealers in respect of times or
methods of delivery or other matters arising
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in the execution of the agreement.
(2) A supplier shall not be treated as withholding
supplies of goods or services on any ground mentioned in
section.33 (1) if, in addition to that ground, he has other
grounds which, standing alone, would have led him to
withhold those supplies.
(3) Subject to subsection (5), if, in proceedings
brought against a supplier of goods or services in respect of a
contravention of section 33 (1), the matters specified in
subsection (4) are proved, it shall be presumed, unless the
contrary is proved, that the supplies were withheld on the
ground that the dealer had acted or was likely to act as
described in section 33 (1).
(4) The matters referred to in subsection (3) are as
follows –
(a) supplies of goods or services were withheld
from a dealer;
(b) during a period ending immediately before
the supplies were so withheld, the supplier
was doing business with the dealer or was
supplying goods or services of the same
description to other dealers carrying on
business in similar circumstances; and
(c) the dealer, to the knowledge of the supplier,
had within the preceding six months acted as
described in section 33 (1) (a) or had indicated
his intention to act as described in section 33 (
1) (b) in relation to the goods or services in
question.
(5) Subsections (3) and (4) do not apply where the
proof that supplies were withheld consists only of evidence
of requirements imposed by the supplier in respect of the
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Grant of
authorisation.

Effect of
authorisation.
Revocation of
authorisation.
time at which or the form in which payment was to be made
for goods or services supplied or to be supplied.
PART V
AUTHORISATIONS
35. (1) Subject to subsection (2), any person who
proposes to enter into or carry out an agreement or to engage
in a business practice which, in that person's opinion, is an
agreement or practice affected or prohibited by this Act, may
apply to the Commission for an authorisation to do so.
(2) The Commission may, in relation to an
application under subsection (1) –
(a) notwithstanding any other provision of this
Act, if it is satisfied that the agreement or
practice, as the case may be, is likely to
promote the public benefit, grant an
authorisation subject to such terms and
conditions as it thinks fit and for such time as
the Commission may specify; or
(b) refuse to grant an authorisation and in that
case, shall inform the applicant in writing of
the reasons for refusal.
36. While an authorisation granted under section 35
remains in force, nothing in this Act shall prevent the person
to whom it is granted from giving effect to the agreement or
the provision thereof or from engaging in the practice to
which the authorisation relates.
37. (1) Subject to subsection (2), the Commission may
revoke or amend an authorisation if it is satisfied that –
(a) the authorisation was granted on information
that was false or misleading; or

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Register of
authorisation.
Price Fixing.
(b) there has been a breach of any terms or
conditions subject to which the authorisation
was granted.
(2) The Commission shall, before revoking or
amending an authorisation, serve on the relevant applicant, a
notice in writing specifying the default and inform him of his
right to apply to the Commission to be heard on the matter
within such time as may be specified in the notice.
38. (1) The Commission shall keep, in such form as it may
determine, a register or authorisations granted under this
Part.
(2) The register shall be kept at the office of the
Commission and shall be available for inspection by
members of the public at all reasonable times.
PART VI
OFFENCES
39. (1) An enterprise that is engaged in the business of
producing or supplying goods or services shall not, directly
or indirectly –
(a) by agreement, threat or promise or any like
means, attempt to influence upward or
discourage the reduction of, the price at which
any other enterprise supplies or offers to
supply or advertises goods or services;

(b) refuse to supply goods or services to or
otherwise discriminate against any other
enterprise engaged in business;
(c) refuse to supply goods or services to or
otherwise discriminate against any other
person engaged in business because of the
low pricing policy of that other person.
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Conspiracy.
(2) Subsection (1) (a) does not apply where the
enterprise attempting, to influence the conduct of another
enterprise and that other enterprise are interconnected
enterprises or, as the case may be, principal and agent.
(3) For the purposes of this section, the publication
by a supplier or goods or services other than a retailer of an
advertisement that mentions a resale price for the goods or
service is an attempt to influence upward the selling price of
any enterprise into the hands of which goods or services
come for resale unless the price is so expressed as to make it
clear to any person who becomes aware of the advertisement
that the goods or services may be sold at a lower price, or is
clearly marked as being a suggested retail price.
40. (1) No enterprise shall conspire, combine, agree or
arrange with another person to—
(a) limit unduly the facilities for transporting,
producing, manufacturing, storing or dealing
in any goods or supplying any service;
(b) prevent, limit or lessen unduly, the
manufacture or production of any goods or
the provision of services or to enhance
unreasonably the price thereof;
(c) lessen unduly, competition in the production,
manufacture, purchase, barter, sale, supply,
rental or transportation of any goods or
services or in the price of insurance on
persons or property;
(d) otherwise unduly restrain or injure
competition.
(2) Nothing in subsection (l) applies to a conspiracy,
combination, agreement or arrangement which relates only
to a service and to standards of competence and integrity
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Bid-rigging.
Misleading
advertising.
that are reasonably necessary for the protection of the public-
(a) in the practice of a trade or profession relating
to the service; or
(b) in the collection and dissemination of
information relating to the service.
41. (1) Subject to subsection (2), it is unlawful for
two or more enterprises to enter into an agreement
whereby -

(a) one or more of them agree to undertake not
to submit a bid in response to a call or
request for bids or tenders; or
(b) as bidders or tenders they submit, in
response to a call or request, bids or tenders
that are arrived at by agreement
between or among themselves.
(2) This section shall not apply in respect of an
agreement that is entered into or a submission that is
arrived at only by enterprises each of which is, in respect
of every one of the others, an affiliate.

42. (1) An enterprise shall not, in pursuance
of trade and for the purpose of promoting, directly
or indirectly, the supply or use of goods or services or
any business interest, by any means –
(a) make a representation to the public -
(i) that is false or misleading or
likely to be misleading in a
material respect;
(ii) in the form of a statement,
warranty or guarantee of
performance, efficacy or length
of life of goods or services that is
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not based on an adequate and
proper test thereof, the proof of
which lies on the person making
the representation;
(iii) in a form that purports to be a
warranty or guarantee of any
goods or services or a promise
to replace, maintain or repair an
article or any part thereof or to
repeat or continue service until
it has achieved a specified
result, if the form of
purported warranty, guarantee
or promise is materially
misleading or if there is no
reasonable prospect that it will
be carried out;
(b) falsely represent to the public in the form of
a statement, warranty or guarantee that
services are of a particular kind, standard,
quality or quantity, or are supplied by any
particular person or by any person of a
particular trade, q u a l i f i c a t i o n , or skill;
(c) make a materially misleading representation
to the public concerning the price at which
any goods or services or like goods or
services have been, are or will be ordinarily
supplied.

(2) For the purposes of this section and section 43,
the following types of representation shall be deemed to
be made to the public by and only by the enterprise who
caused it to be expressed, made or contained, that is to
say, a representation that is –
(a) expressed on an article offered or displayed
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for sale:
(b) expressed on anything attached to inserted
in or accompanying an article offered or
displayed for sale, its wrapper or
container. or anything on which the article
is mounted for display or sale;
(c) expressed on a display in the place where
the article is sold:
(d) made in the course of selling the article to
the ultimate consumer;
(e) contained in or on anything that is sold, sent,
delivered, transmitted or in any other
manner made available to a member of the
public.
(3) Where the enterprise referred to in subsection
(2) is outside of Guyana, (the representation shall be
deemed to be made-
(a) in a case described in subsection (2) (a), (b)
or (e). by the enterprise that imported the
article; and
(b) in a case described in subsection (2) (c),
by the enterprise that imported the display
into Guyana.
(4) Subject to subsection (3) and this section,
every enterprise that for the purpose of promoting,
directly or indirectly, the supply or use of any goods or
services or any business interest, supplies to a wholesaler,
retailer or other distributor of goods or services, any
material or thing that contains a representation of a kind
referred to in subsection (1 ) shall be deemed to have
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Representation as to
test and publication
of testimonials.
Double ticketing.
made that representation to the public.
43. An enterprise shall not, for the purpose of
promoting, directly or indirectly, the supply or us e o f
any goods or services or any business interest, make a
representation to the public that a test as to the
performance, efficacy or length of life of the goods has
been made by any enterprise or publish a testimonial with
respect t o the goods or services, unless it can establish
that–
(a) the representation or testimonial was
previously made or published by the
enterprise by which the test was made or
the testimonial was given, as the case may
be; or

(b) before the representation or testimonial was
made or published, it was approved and
permission to make or publish it was given in
writing by the enterprise which made the test
or gave the testimonial, as the case may be,
and it accords with the representation or testimonial
previously made, published or approved.
44. An enterprise shall not supply any article at a
price that exceeds the lowest of two or more prices clearly
expressed by him or on his behalf, in respect of the article in
the quantity in which it is so supplied at the time at which it
is so supplied-
(a) on the article, its wrapper or container;
(b) on anything attached to, inserted in or
accompanying the article, its wrapper or
container or anything on which the article is
mounted for display or sale; or

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Sale at bargain
price.
(c) on a display or advertisement at the place at
which the article is purchased.
45. (1) For the purposes of this section, "bargain price"
means a price –
(a) that is represented in an advertisement to be a
bargain price by reference to an ordinary price
or otherwise;
(b) so represented in an advertisement, that a
person who reads, hears or sees the
advertisement would reasonably understand
to be a bargain price by reason of the prices at
which the goods or services advertised or like
articles are ordinarily sold.
(2) An enterprise shall not advertise at a bargain price,
goods or services which it does not supply in reasonable
quantities having regard to the nature of the market in which
it carries on business, the nature and size of the business
carried on by it and the nature of the advertisement.
(3) Subsection (2) does not apply where the enterprise
that is advertising proves that –
(a) it took reasonable steps to obtain in adequate
time, a quantity of the article that would have
been reasonable having regard to the nature
of the advertisement. but was unable to obtain
such a quantity by reason of events beyond its
control that it could not reasonably have
anticipated;
(b) it obtained a quantity of the article that was
reasonable having regard to the nature of the
advertisement, but was unable to meet the
demand therefor because that demand
surpassed its reasonable expectations; or
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Sale above
advertised price.
(c) after it became unable to supply the article in
accordance with the advertisement, it
undertook to supply the same article or
equivalent article of equal or better quality at
the bargain price and within a reasonable time
to all persons who requested the article and
who were not supplied therewith during the
time when the bargain price applied and that
it fulfilled the undertaking; and
(d) it took all reasonable steps to remove all the
advertisements stating that the good or
service was available at a bargain price once it
became aware that it would not be able to
supply that good or service in reasonable
quantities at that price.
46. (1) An enterprise that advertises goods or services
for sale or rent in a market shall not during the period and in
the market to which the advertisement relates supply goods
or services at a price that is higher than that advertised.
(2) This section shall not apply in respect of –
(a) an advertisement that appears in a catalogue
or other publication in which it is prominently
stated that the prices contained therein are
subject to error if the enterprise establishes
that the price advertised is in error;
(b) an advertisement that is immediately followed
by another advertisement correcting the price
mentioned in the first advertisement.
(3) For the purposes of this section, the market to
which an advertisement relates shall be deemed to be the
market to which it could reasonably be expected to reach,
unless the advertisement defines market specifically by
reference to a geographical area, store, sale by catalogue or
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Application for
enforcement.

Powers of High
Court.
otherwise.
PART VII
ENFORCEMENT, REMEDIES AND APPEALS
47. Subject to the provisions of this Act, if the High
Court is satisfied on an application by the Commission that
any enterprise has contravened any of the provisions of this
Act, the High Court may exercise any of the powers referred
to in section 48.
48. (1) Pursuant to section 47 the High Court may-
(a) order the enterprise concerned to pay to the
State such pecuniary penalty not exceeding
one million dollars in the case of an individual
and ten million dollars in the case of a person
other than an individual;
(b) grant an injunction restraining the enterprise
from engaging in conduct referred to in
section 47, in respect of each contravention or
failure referred to in that section.
(2) In exercising its powers under this section, the
High Court shall have regard to-
(a) the nature and extent of the default;
(b) the nature and extent of any loss suffered by
any person as a result of the default;
(c) the circumstances of the default;
(d) any previous determination against the
person.
(3) The standard of proof in proceedings under this
section and section 47 shall be the standard of proof
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Fixed penalties.
applicable in civil proceedings.
49. (1) The Commission may, with the approval of the
Director of Public Prosecutions give to any person who has
committed an offence specified in this Act, a notice in the
prescribed form offering that person immunity from
prosecution for that offence on payment of a fixed penalty to
the Commission.
(2) No person to whom a notice has been given under
subsection (1) shall be prosecuted for the offence if the fixed
penalty is paid in accordance with subsection (I) and by the
date specified in that notice.
(3) Where a person is given a notice under this
section, proceedings shall not be taken against that person
for the offence until the expiration of fifteen days following
the date of the notice or such longer period as may be
specified in the notice.
(4) Payment of a fixed penalty under this section shall
be made by the date specified in the notice, and the
Commission shall issue a certificate in that behalf, which
shall be conclusive evidence of the facts stated therein.
(5) A notice under subsection (1) shall-
(a) specify the offence alleged;
(b) give such particulars of the offence as are
necessary for giving reasonable information of
the allegation;
(c) state-
(i) the period during which proceedings
will not be taken in accordance with
subsection (3);
(ii) the amount of the fixed penalty, the
authorised officer to whom and
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Criteria for
assessing and
imposing penalty.
Civil liability.
the address at which the fixed
penalty shall be paid.
(6) If any proceedings are brought against any person
for an offence under this Act, or any regulation or order
made thereunder, it shall be a defence if the person proves
that the offence with which he is charged has been
compounded under this section.
(7) If the Commission withdraws a notice issued
under subsection (1), after payment of the fixed penalty, the
amount shall be refunded and all liability discharged.
(8) The Commission may appoint authorized officers
for the purposes of this section.
49A. Notwithstanding anything in this Act, the Court
in imposing a penalty shall take into consideration whether
the defendant's business enterprise is large, medium or small
and issue a penalty accordingly.
50. (1) Except as otherwise provided in this Act, every
enterprise which engages in conduct which constitutes –
(a) a contravention of any of the obligations or
prohibitions imposed in Parts III, IV, or VI;
(b) aiding, abetting, counseling or procuring the
contravention of any such provision;
(c) inducing by threats, promises or otherwise,
the contravention of any provision;
(d) being knowingly concerned in or party to any
such contravention; or
(e) conspiring with any other person to contravene
any such provision, is liable in damages for
any loss caused to any other person by such
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Appeals.
Operation of order
pending
determination of
appeal.
conduct.
(2) An action under subsection (1) may be commenced
at any time within three years from time to time when the
cause of action arose.
51. (1) Any enterprise that is aggrieved by a finding of
the Commission may, within fifteen days after the date of that
finding appeal to a Judge in Chambers.
(2) The Judge in Chambers may-
(a) confirm, modify or reverse the Commission's
finding or any part thereof; or
(b) direct the Commission to reconsider, either
generally or in respect of any specified matters,
the whole or any specified part of the matter to
which the appeal relates.
(3) In giving any direction under this section the Judge
shall –
(a) advise the Commission of his reasons for doing
so; and
(b) give to the Commission such directions as he
thinks just concerning the reconsideration of
the whole or any part of the matter that is
referred for reconsideration.
(4) In reconsidering the matter, the Commission shall
have regard to the Judge's reasons for giving a direction under
subsection (2) and the Judge's direction under subsection (3).
52. Where an appeal is brought against any findings of
the Commission any directions or order of the Commission
that is based on such findings shall remain in force pending
the determination of the appeal, unless the, Judge otherwise
orders.
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References to
Community
Competition
Commission.

PART VIII
THE COMMUNITY COMPETITION
COMMISSION
53. (1) Where the Commission seeks to determine
whether conduct by an enterprise in another Member State
prejudices trade or prevents, restricts or distorts competition
in Guyana, the Commission shall refer the matter to the
Community Competition Commission.
(2) The Minister may request the Community
Competition Commission to cause an investigation to be
carried out where he has reason to believe that, business
conduct by an enterprise located in another Member State
prejudices trade or prevents restricts or distorts competition
in Guyana.
(3) A reference or request made under subsection (1)
or (2) shall be in writing and shall disclose such information
as would enable the Community Competition Commission
to make a preliminary assessment whether it should proceed
to cause the investigation to be carried out.
(4) Where the Community Competition Commission-
(a) on its own initiative; or
(b) at the request of the Minister or Commission,
has conducted an investigation, in accordance with Article
174 of the Revised Treaty of Chaguaramas, respecting any
anti-competitive business conduct by an enterprise in
another Member State, and given notice of its determination
to the Commission, the Commission shall record the
determination and register it in the High Court.
(5) A determination referred to in subsection (4) shall
be binding on all parties to the matter and shall be enforced
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Powers of
Community
Competition
Commission.
in the same manner as a judgment of the High Court.
(6) A party who is aggrieved by a determination of the
Community Competition Commission may apply to the
Caribbean Court of Justice for a review of that determination.
54. (1) The Community Competition Commission
shall exercise the functions specified in section 6 in Guyana.
(2) The Community Competition Commission shall, in
relation to any matter referred to it or any request made to it
under section 53 (1) or (2), as the case may be, have power to
do any act specified in section 7( 1) to (6).
(3) The provisions of the sections specified in
subsection (4) shall apply with necessary modifications in
relation to any investigation or inquiry being carried out by
the Community Competition Commission under this Act.
(4) The sections referred to in subsection (3) are-
(a) section 7 (7) – (10) (summons and hearings
and offences connected therewith);
(b) section 14 (power of entry and search);
(c) section 15 (destruction of records);
(d) section 17 (discontinuance of inquiry or
investigation);
(e) section 22 (action in relation to anti-competitive
agreement or trade practice);
(f) section 25 (action in relation to abuse of
dominant position);
(g) section 26 (exception to section 25);
(h) section 27 (provisions relating to order under
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Effect of decisions
of
Community
Competition
Commission.
Regulations.
section 25);
(i) section 35 (grant of authorisation);
(j) section 37 (revocation of authorisation);
(k) section 38 (register of authorisation);
(l) section 57 (power to prohibit disclosure of
information, documents and evidence);
(m) section 58 (confidentiality).
55. A decision of the Community Competition
Commission under this Act is binding on all parties to which
it relates and is enforceable in the High Court to the same
extent as a decision made by the Commission.
PART IX
GENERAL
56. (1) The Commission may, with the approval of the
Minister, make regulations for giving effect to the provisions
of this Act.
(2) Without prejudice to the generality of subsection
(1), the Commission may, with the approval of the Minister,
make regulations-
(a) prescribing the procedures to be followed in
respect of applications and notices to, and the
proceedings of the Commission, and also the
form of any forms or notices necessary to give
effect to the Act;
(b) setting the levels of fees that it shall charge
under section 9, and guidelines for the levels
of fixed penalties that it shall charge under
section 49.
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Power to prohibit
disclosure of
information,
documents and
evidence.

Confidentiality.
57. (1) The Commission may prohibit the publication
or communication of any information' furnished or obtained,
documents produced, obtained or tendered, or evidence
given to the Commission in connection with the
Commission's operations.
(2) A person who publishes or communicates any
information, documents or evidence, the publication of
which is prohibited under subsection (1) is guilty of an
offence and liable on- summary conviction to a fine of one
million dollars and to imprisonment for three months.
58. (1) The Commission and every person concerned
or employed in the administration of this Act shall regard as
secret and confidential, all documents, information or
matters disclosed in the administration of this Act except
those disclosures which the Commission considers necessary
in the discharge of its functions.
(2) It shall be an offence for any person in the service
of the Commission to disclose to any other person who is not
in the service of the Commission, any trade secret of any
enterprise which may come to his knowledge in the course of
discharging his duties under this Act.
(3) A person who commits an offence under this
section is liable on summary conviction to a fine of one
million dollars and to imprisonment for three months.

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Constitution of
Commission.
Chairman.
Resignations.
FIRST SCHEDULE s. 5 (2)

THE COMPETITION COMMISSION
1. (1) The Commission shall consist of the number of
persons, not being less than three nor more than five that the
Minister, after consultation with relevant organizations,
including –
(a) the private sector;
(b) the legal profession; and
(c) consumers,
may appoint.
(2) The member shall be appointed by the Minister by
instrument in writing or such period not exceeding three
years as the Minister may specify in the instrument of
appointment and each member shall be legible for
reappointment. Members shall be appointed from among
persons appearing to the Minister to be of high character and
integrity, and to be qualified as having had extensive and
relevant professional expertise in trade, finance, economic
law, according, or business management.
(3) There shall be a secretary of the Commission, who
shall be appointed by the Commission.
(4) The Director shall be a member ex officio of the
Commission, but shall not have the right to vote.
2. The Minister shall appoint one of the members of
the Commission to be chairman of the Commission.
3. (1) A member other than the chairman may at any
time resign his office by instrument in writing addressed to
the Minister and transmitted through the chairman, and from
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Revocation.
Gazetting of
appointments.

Leave of Absence.
Seal and execution
of documents.
the date of the receipt by the Minister of that instrument, that
member shall cease to be a member of the Commission.
(2) The chairman may at any time resign his office by
instrument in writing addressed to the Minister, and such
resignation shall take effect as from the date on which the
Minister receives that instrument.
4. The Minister may revoke the appointment of any
member if such member-
(a) becomes permanently unable to perform his
functions by reason of a physical or mental
infirmity;
(b) is convicted and sentenced to a term of
imprisonment;
(c) fails without reasonable excuse to carry out
any of his functions under this Act;
(d) engages in such activities as are reasonably
considered by the Commission to be
prejudicial to the Commission's interest.
5. The names of all members of the Commission as
first constituted and every change of membership shall be
published in the Gazette.
6. The Minister may, on application in writing, grant
leave of absence to a member.
7. (1) The Commission's seal shall be kept in the
custody of the Secretary and shall be affixed to instruments
pursuant to a resolution of the Commission, in the presence
of the Secretary and any other member of the Commission.
(2) The Commission's seal shall be authenticated by
the signature of the chairman or in his absence the member
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Procedure and
meetings.
Disclosure of
Interest.
so acting.
(3) All documents other than those required by law to
be under seal, made by, and all decisions of; the Commission
may be signified under the hand of the chairman and
Secretary or persons so acting.
8. (1) The Commission shall meet as often as may be
necessary or expedient for the transaction of its business and
such meetings shall be held at such places and times and on
such days as the Commission may determine.
(2) The chairman may at any time call a special
meeting of the Commission, and shall call a special meeting
to be held within seven days of a written request for that
purpose addressed to him by any two members.
(3) The chairman shall preside at all meetings of the
Commission and if the chairman is absent from a meeting,
the members present and constituting a quorum shall elect
one of their number to preside at that meeting.
(4) The quorum of the Commission shall be three.
(5) The Commission's decisions shall be by a majority
of votes, and in addition to an original vote, the chairman or
other person presiding shall have a casting vote in any case
in which the voting is equal.
(6) Minutes of each meeting shall be kept in proper
form. and shall be confirmed as soon as practicable thereafter
at a subsequent meeting.
(7) Subject to the provisions of this Schedule the
Commission may regulate its own proceedings.
9. A member who is directly or indirectly interested
in any matter which is being dealt with by the Commission
shall disclose the nature of his interest at a meeting of the
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Protection of
interest.
Protection of
members.

Remuneration
of members.
Commission and shall not take part in any deliberation or
decision of the Commission with respect to that matter.
10. No act done or proceeding taken under this Act
shall be questioned on the ground of-
(a) the exercise of an vacancy in the membership
of; or any defect in the constitution of the
Commission; or
(b) any omission, defect or irregularity not
affecting the merits of the case.
11. (1) No action, suit or other proceedings shall be
brought or instituted personally against any member in
respect of any act done bona fide in the course of carrying out
the provisions of this Act.
(2) Where any member is exempt from liability by
reason only of the provisions of this paragraph, the
Commission shall be liable to the extent that it would if that
member were a servant or agent of the Commission.
12. There shall be paid from the funds of the
Commission to the chairman and other members of the
Commission such remuneration, whether by way of
honorarium, salary or fees, and such allowances as the
Minister may determine.

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SECOND SCHEDULE ss. 18 and 19(1)
FORM A
Summons to Witness to Appear before the Competition Commission
TO: ………………………………………………………………………………….
(name of witness)
………………………………………………………………………………………
(address of witness)
Take Notice that you are hereby required to appear before the Commission
for examination pursuant to section 7 (8) of the Competition and Fair
Trading Act.
The Commission is presently conducting an investigation pursuant to
section 6(1)(b) of the Act to determine whether
…………………………………………………………………………………………
(name of enterprise)
is engaged in business practices in contravention or the Act.
Please be present as follows:-
Date:……………………………………………………………………………….
Time: ……………………………………………………………………………
Place:………………………………………………………………………………
You have a right to be represented by an Attorney-at-law or any other
person.
Failure to appear without reasonable excuse may subject you to a fine of one
million dollars and to imprisonment for three months pursuant to section
7(10) of the Competition and Fair Trading Act.
Dated the …… day of………………20
………………………………………..
Director
Competition Commission
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FORM B
NOTICE TO PRODUCE DOCUMENTS
IN RELATION TO AN INVESTIGATION BY THE COMPETITION
COMMISSION
Nature of Investigation……………………………………………………………
………………………………………………………………………………………..
TO:…………………………………………………………………………………….
(name of person required to provide documents)
…………………………………………………………………………………………
(address)
Take Notice that pursuant to sections 7 (3) and 19 of the Competition and
Fair Trading Act the Commission requires you to produce for its inspection
the following document (s), which must be produced at the offices of the
Competition Commission located at
………………………………………………………………………………………..
……………………………………………………………………………………….
within twenty days of the date of service of this Notice.
Description of Documents required …………………………………………….
………………………………………………………………………………………..
………………………………………………………………………………………..
Failure to produce the document (s) as required is an offence under section
7(10) of the Competition and Fair Trading Act and may subject the offender
to a fine of one million dollars and to imprisonment for three months.
Dated the……day of……………..20
…………………………………………….
Director
Competition Commission
_________________________