Brunei
Developing FrameworkCompetition Order 2015
Authority: Competition Commission of Brunei Darussalam | Enforcement: Active
Overview
Brunei enacted the Competition Order in 2015, establishing a cross-sector competition regime as part of ASEAN economic integration commitments. The law prohibits anti-competitive agreements and abuse of dominant position. The Competition Commission of Brunei Darussalam administers and enforces the Order. The Competition Commission has been building institutional capacity and awareness since the Order came into force. Enforcement is developing, with the Commission focusing on market studies, guidelines, and education. Brunei's competition regime is relatively young but reflects the country's commitment to competitive markets as part of the ASEAN Economic Community.
14-Topic Competition Coverage
Competition Authority
Fully AddressedThe Competition Commission of Brunei Darussalam has investigative, decision-making, and advisory functions under the Competition Order.
Anti-Competitive Agreements (Horizontal)
Fully AddressedSection 11 prohibits agreements that have the object or effect of preventing, restricting, or distorting competition, including price-fixing and market allocation.
Anti-Competitive Agreements (Vertical)
Partially AddressedVertical agreements are covered under the general prohibition but the Commission has indicated a less stringent approach to non-hard-core vertical restraints.
Abuse of Dominance
Fully AddressedSection 17 prohibits conduct by undertakings with a dominant position that amounts to an abuse of that position.
Merger Control
Not AddressedThe Competition Order does not include a merger control regime.
Leniency Programme
Partially AddressedThe Commission has issued leniency guidelines providing for reduced penalties for cartel participants who cooperate.
Settlement & Commitment
Partially AddressedThe Commission may accept commitments from undertakings to address competition concerns without making a formal infringement decision.
Penalties & Sanctions
Fully AddressedFinancial penalties of up to 10% of turnover for the duration of the infringement. The Commission may also impose directions and interim measures.
Digital Markets Regulation
Not AddressedNo specific digital markets regulation. The Competition Order applies to all business activities.
Sector Regulators
Partially AddressedAITI (telecoms and technology) exercises concurrent competition-related oversight in the ICT sector.
Dawn Raids & Investigations
Partially AddressedThe Commission has investigation powers including the ability to require information and documents. Practical enforcement experience is limited.
Private Enforcement
Partially AddressedAny person who has suffered loss or damage from a competition infringement may bring a private action for damages in the courts.
International Cooperation
Fully AddressedActive in ASEAN competition cooperation. Participates in ASEAN Experts Group on Competition (AEGC). Cooperation with regional competition authorities.
Recent Enforcement Trends
Partially AddressedThe Commission is in its development phase, focusing on market studies, guidelines, competition advocacy, and building enforcement capacity within the ASEAN framework.
Coverage Summary
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