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These Regulations, comprising 47 sections, apply to (i) individuals and enterprises that supply or purchase goods, digital products or services, including intermediation services, in Malawi; (ii) consumers of goods, digital products or services in Malawi; and (iii) business enterprises that intend to merge in Malawi or whose mergers have effects within Malawi. The main provisions concern (i) the delivery of documents establishing the procedures for submitting communications to and receiving communications from the Commission, including by hand, post, telephone, email, and other approved means, and specify when documents are deemed to have been officially received; (ii) advisory opinions to enable enterprises to seek non-binding guidance from the Commission regarding proposed business conduct, prescribing the information that must accompany an application and the process for obtaining an opinion; (iii) investigations of anti-competitive conduct and unfair trading practices establish a comprehensive procedural framework governing complaints, preliminary assessments, full investigations, evidence gathering, requests for information, search warrants, inspections, investigation reports, the rights of respondents, and the referral of cases to the Technical Committee and the Commission for determination; (iv) hearing procedures to regulate the conduct of hearings before the Technical Committee, including applications for hearings, participation of interested third parties, public and in camera hearings, procedural safeguards, the recording of proceedings, recommendations to the Commission, and the consequences of procedural non-compliance; (v) market studies and market inquiries to establish procedures for examining competition, consumer welfare, and regulatory impacts within particular markets. They govern the initiation of studies, collection of documentary evidence and stakeholder views, economic analysis, publication of reports, and the formulation of recommendations to improve market performance. The Schedule contains the prescribed forms used throughout the Regulations, including applications for authorization, advisory opinions, complaints, merger notifications, hearing requests, summonses, and confidentiality claims.
Title:
Competition and Fair Trading Regulations, 2026.
Country:
Malawi
Type of document:
Regulation
Data source:
Files:
Date of text:
Repealed:
No
Implements