| Application

The Act applies to all commercial and economic activities across sectors regardless of ownership of the entity.

However, as the Act intends to regulate the conduct of market players, it does not apply to any activity, agreement or conduct undertaken by the Government, a statutory board or any person acting on their behalf.

 

Exclusions

The Act provides an exclusion to any activities listed in the Third and Fourth Schedules of the Competition Act as follow:

Applicable Prohibition(s)

​Exclusions
Section 11
  • ​Vertical agreement,
  • Agreement with net benefit; and
  • Agreement that falls within the scope of block exemption.
Section 11 and 21 Prohibition
  • Undertaking entrusted with the operation of services of general economic interest
  • Undertaking having the character of a revenue-producing monopoly
  • Agreement/conduct made in order to comply with legal requirements imposed by or under any written law;
  • Necessary agreement to avoid a conflict with international obligations
  • Agreement made on the ground of public policy;
  • Agreement/conduct that relates to any goods or services regulated by other competition law or code of practice (e.g. telecommunication)
  • Agreement/conduct that relates to the supply of waste management services
  • Agreement/conduct that relates to the supply of bus services by any person licensed and regulated under the Road Traffic Act
  • Agreement/conduct that relates to the supply of goods and services specified in the Schedule to the Monopolies Act
  • Agreement/conduct that relates to Clearing House established under the Banking Order, 2006
  • Agreement/conduct that is directly related and necessary to the implementation of merger, or that would result in a merger.
​Section 23 prohibition
(Fourth Schedule)
  • Merger approved by any Minister or regulatory authority
  • Merger approved by the Autoriti Monetari Brunei Darussalam
  • Merger under the jurisdict​ion of any regulatory authority under any written law or code of practice relating to competition
  • Merger involving any undertaking relating to any specified activity as defined in paragraph 6(2) of the Third Schedule:
  1. The supply of waste management services,
  2. The supply of scheduled bus services,
  3. The licence to supply goods and services in the Monopolies Act;
  • Merger if the economic efficiencies arising or that may arise from the merger outweigh the adverse effects due to the substantial lessening of competition in the relevant market in Brunei Darussalam.

Access the Third and Forth Schedules of the Act here to find out more.