FAQ"S
The Competition Authority has been established by an act of Parliament. It is a parastatal that falls under the Ministry of Trade and Industry and reports to the Competition Commission.
The Competition Authority is the investigative arm on competition matters, while the Competition Commission is the adjudicative arm. The Competition Commission also serves as the Board of the Authority.
No, the CA does not regulate prices, they are left to the dictates of the market. The CA promotes fair competition in the market.
The Competition Act does not empower the CA to investigate State enterprises. However, the Act mandates the CA to advise the Government on any laws or policies that hinder competition in the market.
Currently there is only one office in Gaborone that serves the whole country. In future, depending on availability of funds, there are plans to have regional office(s).
The Authority looked at what other countries that Botswana could compare with had such as Namibia, Swaziland and Zambia. The threshold could be low and may be considered for future review.
If a company has subsidiaries, or other commercial activities through agents or distributors in Botswana, the merger has to be notified to the Authority in Botswana.
They may submit their views on the proposed merger immediately to the Authority. Merger notices are published in local newspapers, Facebook and Website for public comment.
An application for a merger can either be approved, approved with conditions or rejected.
The decision of the Competition Authority on a merger is final and the aggrieved party cannot appeal to the Commission but, can only appeal to the High Court.
