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The Competition and Consumer Authority (CCA), (formally Competition Authority), has taken over the functions of the former Consumer Affairs Department in the Ministry of Investment, Trade and Industry since 2nd December 2019.

The CCA is 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; as well as the protection of consumer rights by means of investigation, prohibition and control of unfair business practices.

The CCA implements the Consumer Protection Act, 2018, and the Competition Act, 2018. The broad mandate of the Authority under the Consumer Protection Act and the Competition Act is as follows:

Prevention and Redress for Anti-Competitive Practices:

The CCA is responsible for the prevention of, and redress for anti-competitive practices in Botswana’s economy. The CCA mandate covers four main elements under Competition Law:

  • Investigation of Horizontal agreements (price-fixing, market allocation, bid-rigging)
  • Investigation of Vertical Agreements (resale price maintenance)
  • Investigation of Abuse of Dominance (predatory conduct, margin squeeze, refusal to deal, exclusive dealing)
  • Control of Mergers and Acquisitions (for enterprises with assets or turnover valued at P10m or above)

Consumer Protection:

The CCA is responsible for the protection of the interests of consumers through the control of unfair business practices. Consumer rights recognised worldwide are: right to safety, right to information, right to choose, right to be heard, right to satisfaction of basic needs, right to redress, right to consumer education right and the right to a healthy environment.

The CCA mandate covers four main elements in Consumer Protection:

  • False, Misleading and Deceptive Conduct (false representations on goods and services, bait advertising, pyramid schemes etc)
  • Information on Goods and Services (display of prices, product labelling, used goods etc)
  • Safety and Quality of Goods and Services (right to quality goods and services, warranty, liability for damaged goods etc)
  • Direct and Mail Order Sales (direct marketing, consumer’s right to cooling off etc)
  • Contracts (unfair or unjust contract terms, written contracts, prohibited contract terms, cancellation of contracts etc)