Competition Authority Launch

For some time, Botswana has not had a dedicated competition law regime and competition in certain sectors has been governed only by industry-specific legislation, such as the Industrial Development Act, the Trade and Liquor Act, the Consumer Protection Act and the Companies Act.

In 2009 the Competition Act, No 17 of 2009 (“the Act”) was enacted to regulate competition in the country’s economy. The Act applies to all economic activity within, or having effect within, Botswana. As at the time of writing, only certain sections of the Act are in effect, namely Parts I to IV, which became operative on 9 July 2010. These parts of the Act effectively establish the authorities that will enforce the legislation.

The Act establishes a body known as the Competition Authority (“the Authority”) to be responsible for the prevention of, and redress for, anti-competitive practices in the economy, and the removal of constraints on the free play of competition in the market.

The Act further establishes the Competition Commission (“the Commission”) as the governing body of the Authority. Any decision of the Commission may be taken on appeal by an aggrieved party to the High Court, which may confirm or set aside a Commission decision.