- Arrangements of Sections
- PART 1 Preliminary
- PART II The Competition Commission
- PART III Anti-Competitive Agreements, Abuse of Dominant Position
- PART IV Resale Price Maintenance
- Part V Authorisations
- Part VI Offences
- PART VII Enforcement, Remedies and Appeals
- PART VIII The Community Competition Commission
- PART IX General
- FIRST SCHEDULE The Competition Commission
GUYANA
Act No. 11 of 2006
COMPETITION AND FAIR TRADING ACT 2006
Arrangements of Sections
SECTION
PART 1
Preliminary
PART 11
The Competition Commission
PART 111
Anti-Competitive Agreements and Abuse of Dominant Position
PART IV
Resale Price Maintenance PART V
Authorizations PART VI
Offences PART VII
Enforcement Remedies and Appeals PART VIII
The Community Competition Commission PART IX
General
FIRST SCHEDULE The competition Commission.
SECOND SCHEDULE Forms.
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.
A.D 2006 Enacted by the Parliament of Guyana
PART 1
Preliminary
Short Title 1. This Act may be cited as the Competition and Fair Trading Act 2006.
Interpretation 2. (1) In this Act, unless the context otherwise requires-
“acquire” in relation to -
“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;
“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 Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy;
“consumer” means any person, organisation, or enterprise for whom goods or 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) ant 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-
(a) as a condition of supplying the goods to a person, requires that person to-
(i) deal only or primary in goods supplied by or designated by the supplier or his nominee; or
(ii) refrain from dealing in specific 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 of 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 responsible for the Commission;
“price” includes any charge or fee, by whatever name called;
“public utility” includes any person defined as a public utility under section 4 of the Public Utilities Commission Act 1999.
“relevant market” means the supply of goods or services to a geographical area which from the viewpoint of the consumers 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–