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Section 20: Orders in relation to abuse of
Competition Act · 66
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Consolidated text
dominant position, anti-competitive practices and anti- competitive agreements (1) Where, after an inquiry, the Ministry finds that an agreement, decision, concerted practice or action
of dominant person, to which a complaint or reference relates contravenes this Act, the Ministry may make an order-
(a) directing the person involved in the agreement, decision, concerted practice or abuse of dominant position, to discontinue and not repeat any such agreement, decision, concerted practice or abuse;
(b) directing each person involved in the agreement, decision, concerted practice or abuse of
dominant position, as the case may be, to pay a fine not exceeding ten percent of the average of the person's turnover for the last three years;
(c) awarding compensation to an aggrieved party as may be determined in accordance with
regulations made under this Act;
(d) directing that the agreement be modified in respect of the person in such manner as may be
specified by the Ministry; or
(e) directing the person concerned to pay costs of the aggrieved party.
(2) The Ministry may, notwithstanding any other law, order the division of an entity with dominant
position, to ensure that the entity does not continue to abuse its dominant position.
(3) Notwithstanding any other law, the order referred to in subsection (2), may provide for matters as
may be necessary to give effect to the division of an entity including-
(a) the transfer or vesting of property, rights, liabilities or obligations;
(b) the adjustment of contracts, either by discharge or reduction of any liability or obligation or
otherwise;
(c) the creation, allotment, surrender or cancellation of any shares, stock or securities;
(d) the payment of compensation to persons who suffer loss as a consequence of the division of
the dominant person;
(e) the formation or winding up of a person or the amendment of the memorandum and articles
of association or any other instruments regulating the business of the person; or
(f) the continuation, with such changes of the parties to any legal proceedings, as may be necessary.
Source: laws_africa.