More than 20 business representatives from the Anggerek Desa Technology Park Community (ADTP) gathered yesterday in a Dialogue session with the Department of Competition and Consumer Affairs (DCCA) of the Department of Economic Planning and Development (JPKE), Ministry of Finance and Economy, to learn more about the risks of anti-competitive practices prohibited by the Competition Order, in an effort to promote compliance with the Order.
The Department of Competition and Consumer Affairs commended on the proactive initiative led by the Dynamik Technologies Sdn Bhd in organising the Dialogue session, which is in line with the Department’s on-going effort to promote business compliance before the Order is enforced.
Present during the Dialogue was the Chairman of the Competition Commission ofBrunei
Darussalam, Yang Berhormat Dayang Nik Hafimi binti Abdul Haadii.
In the opening of the Dialogue, Awang Mohamad Hasnalluddin bin Haji Yahya, Legal Adviser, Dynamik Techologies Sdn Bhd, emphasised the importance for the IT business
Community to learn more about the key anti-competitive conducts prohibited by the competition law, to ensure business plans and commercial strategies are not violating the Order, to ensure compliance, in creating a fair and healthy market in Brunei Darussalam.
The Acting Director of the Department of Competition and Consumer Affairs began the session by highlighting that businesses adherence to the Competition Order contribute to markets operating fairly, innovation, productivity and to overall and sustainable business growth and competitiveness, which will in turn bring about benefits to consumers and the economy.
The Dialogue discussed on various forms of cartels, which are categorised as serious offences which are per se illegal. These cartels activities exist when businesses agree to act together instead of competing against one another. The four key per se illegal cartels are collusive tendering, price fixing, controlling market and limiting supply of goods to create artificial shortage. By controlling markets and restricting goods and services, cartels can put honest and well-run companies out of business while suppressing innovation and protecting their own inefficient members. This will potentially lead to a harmful impact on the market, economy and the consumer welfare in the long-run. Businesses are therefore advised to protect themselves from unfair and unethical business conducts for their business survival and growth.
The session highlighted on the need for businesses to compete independently against one another in tender process. Collusive tendering or bid rigging is one of the key serious anti-competitive conducts and it has different forms including bid suppression, complementary bidding, and bid rotation.
The session also discussed on the leniency provision in the Order, one of the tools to gather evidence in detecting cartels. This Provision provides immunity or protection from the Order for the first party who notifies the competition authority of the cartel conduct, provided that the member also meets all other requirements of the leniency programme. The procedures and requirements will be published in the guidelines.
The Chairman of the Competition Commission of Brunei Darussalam concluded the Dialogue by encouraging businesses to conduct their activities in a fair and ethical manner for the benefit of their business growth. By nurturing healthy competition, businesses can grow by competing on a level playing field to offer more choices, better quality products and services at better prices for consumers, including the government and other businesses.
The Competition Commission of Brunei Darussalam was established on the 1 August 2017, as an independent body that is mandated to promote business competition in Brunei Darussalam economic landscape through the enforcement of the Competition Order 2015. The Department of Competition and Consumer Affairs was established on the same day as the secretariat, administrative and investigative arms of the Competition Commission.
For any inquiries and request for briefings on the Competition Order 2015, please contact the Department of Competition and Consumer Affairs in the Department of Economic Planning and Development, Ministry of Finance and Economy through email at brunei.competition@jpke.gov.bn or call 2233344 extension 341 or 643.