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Anti-Competitive Mergers (Section 23)

A merger occurs when two previously independent entities join together, as result of lasting joint venture or acquisitions. Not all mergers will give rise the competition issues as it may be pro-competitive or competitively neutral to the relevant market. Section 23 of the Act covers mergers, which have resulted, or expected to result, in a substantial lessening of competition in Brunei Darussalam market and absence of net economic efficiencies.
In Competition Act, merger notification is voluntarily – no statutory requirement to notify mergers or anticipated mergers to the Commission. However parties may notify their agreement if they have concerns on whether the merger has infringed or whether the anticipated mergers may infringed the Act.