Section 9: Prohibition of anti-competitive practices and anti-competitive

agreements (1) A person shall not engage in an anti-competitive practice or enter into an anti-competitive agreement. (2) An agreement, decision, concerted action or concerted practice that contravenes subsection (1) is void. (3) For the purposes of subsection (1), a horizontal agreement is anti-competitive where the agreement - (a) directly or indirectly fixes purchase or selling prices; (b) limits or controls production, supply, markets, technical development or investment; (c) shares markets or sources of production supply by territory type, size of customer or in any other way; or (d) directly or indirectly results in bid-rigging or collusive tendering. (4) For the purposes of subsection (1), a vertical agreement is anti-competitive where the agreement involves- (a) a tying arrangement; (b) an exclusive supply agreement; (c) an exclusive distribution agreement; (d) a refusal to deal; or (e) a resale price maintenance. (5) For the purposes of subsection (3)(d), "bid-rigging" means an agreement, decision or understanding between persons involved in the same manufacturing, trading or service rendering activity which has the effect of eliminating competition for bids or which adversely affects or manipulates the bidding process. (6) For the purposes of subsection (1), the Ministry shall, in determining whether there is an adverse effect on competition in the market, take into account whether the agreements or concerted practices- (a) result in the creation of barriers to new entry; (b) result in forcing existing competitors out of the market; (c) result in any consumer benefit or pro-competitive impact; or (d) contribute to the improvement of production and distribution and promote technical and economic progress, while allowing consumers a fair share of the benefits. (7) Subsection (6) shall not be construed so as to restrict the right of any person to restrain any infringement of intellectual property rights granted in Uganda or to impose such reasonable conditions as may be necessary for the purposes of protecting or exploiting such intellectual property rights. (8) A person who contravenes this section commits an offence under this Act.