The Fair Trading Commission has issued its Enforcement Policy for Fair Competition and Consumer Protection Matters, which provides clarity on the Commission’s power to investigate and pursue enforcement action in response to breaches of the legislation it administers.

The Policy, which is based on the enforcement provisions of the Fair Competition Act, CAP. 326C (FCA) and the Consumer Protection Act, CAP. 326D (CPA), seeks to discourage non-compliance with the legislation and deter companies/service providers from reoffending in circumstances where breaches have already occurred.

The Policy provides general guidance on the types of enforcement action available to the Commission; the principles the Commission will apply in deciding to take enforcement action; and the factors the Commission will take into consideration when determining the enforcement action will be pursued. Other matters, such as grounds for leniency and circumstances where the Commission may consider pursuing criminal charges, are also addressed in the Policy, which will come into effect on August 1, 2021.