1. The Competition Commission of Brunei Darussalam (CCBD) would like to remind event organisers and participating vendors that coordinating prices among vendors, or requiring vendors to price goods at certain levels at food festivals, pop-up markets and similar events may run the risk of infringing the Competition Act (Chapter 253).
2. Such events have grown increasingly common in Brunei Darussalam, and it would typically bring together many independent vendors offering similar goods. Competition among these vendors benefits consumers through fair prices and greater choice. However, the terms set by organisers for participating vendors may sometimes restrict how those vendors price their goods, such as by requiring a minimum selling price. Terms of this nature raises concerns under section 11 of the Competition Act.
3. Section 11 of the Competition Act prohibits agreements that prevent, restrict or distort competition, including those that fix prices. When an organiser sets terms dictating what vendors may or may not charge, those terms restrict each vendor’s ability to price its own goods and to compete. Arrangements of this nature may amount to indirect price-fixing.
4. The objective is not to impose regulation unnecessarily, but to ensure that businesses compete independently and fairly, allowing consumers to benefit from genuine competition through fair prices, better choices and improved value, rather than facing artificially coordinated pricing.
5. Event organisers should therefore avoid including terms and conditions such as minimum prices, recommended prices, or any other terms that influence how vendors set their prices. While organisers may compete to attract vendors and visitors to their events, businesses or vendors should remain free to set prices independently, based on its own costs and business judgement. Organisers are also encouraged to remind and educate participating vendors on the importance of complying with the Competition Act and avoiding price coordination practices.
6. Members of the public may report suspected price fixing conduct to the CCBD via the CCBD lodge complaint portal at www.ccbd.gov.bn/lodge-complaint/
7. The CCBD takes anti-competitive conduct seriously and will not hesitate to take action, including formal investigation, where such conduct is found. The CCBD remains committed to promoting and protecting competition to enhance economic efficiency and better consumer welfare.
About the Competition Commission of Brunei Darussalam (CCBD)
The CCBD enforces the Competition Act (Chapter 253) in Brunei Darussalam, which prohibits anti-competitive agreements, abuse of dominant position, and anti-competitive mergers that have resulted, or may be expected to result, in a substantial lessening of competition within any market in Brunei Darussalam for goods and services that are prohibited. For more information, please visit www.ccbd.gov.bn or contact the CCBD Executive Secretariat at exec.secretariat@ccbd.gov.bn or +673 2383100.