Uganda
Competition Act, 2024
Act 5 of 2024
- Published in Uganda Government Gazette Acts Supplement 5 on 19 April 2024
- Assented to on 2 February 2024
- Commenced on 19 April 2024
- [This is the version of this document from 19 April 2024.]
Part I – Preliminary
1. Application
This Act applies to anti-competitive practices, anti-competitive agreements, abuse of dominant position and effects of mergers acquisitions and joint ventures on competition.2. Object of Act
The object of this Act is—3. Interpretation
In this Act, unless the context otherwise requires—“acquisition” means acquiring or agreeing to acquire, directly or indirectly, shares, voting rights, management control or control over assets in a person;“agreement” includes an arrangement or understanding or action in a concern, whether formal or not, whether oral or in writing, and whether or not it is intended to be specifically enforceable;“anti-competitive practice or anti-competitive agreement” includes a practice or agreement which involves the taking of a decision or engaging in any concerted action or concerted practice in respect of production, distribution, supply, or control of goods or the provision of services which causes or is likely to cause an adverse effect on competition;“competition” means the striving or potential striving of two or more persons engaged in the production, distribution, supply, purchase or consumption of goods or services in each market in Uganda against one another which results in greater efficiency, high economic growth, increased employment opportunities, lower prices and improved choices for consumers;“competitor” means a person who produces, distributes or supplies substantially similar goods or services, at the same stage of production or distribution of services, in relation to another person or entity;“concerted action or concerted practice” means an action or practice which involves communication or coordination between competitors, which replaces the competitor’s independent action and restricts or lessens competition between the competitors;“consumer” means a person who buys goods or services, or who intends to buy goods or services, as the end-user of the goods or services;“countervailing market power” means the bargaining power of a purchaser in the economy;“cross-subsidisation” means the internal transfer within an undertaking of profits resulting from one line of business to a less profitable line of business;“currency point” has the value assigned to it in the Schedule to this Act;“dominant position” means a position of economic strength enjoyed by a person, individually or collectively, which gives the person the power to behave independently of the person’s competitors, customers and consumers and in particular to foreclose another person from competing in the relevant market;“exclusive distribution agreement” means an agreement between a distributor and a supplier which grants the distributor exclusive rights to sell the supplier’s goods or services;“exclusive supply agreement” means an agreement between two parties in which one party to the agreement imposes restrictions on the other party’s freedom to make a choice where or with whom to do business;“horizontal agreement” means an agreement between persons each of which operates, for the purpose of the agreement, at the same level of the market and would normally be actual or potential competitors in that market;“joint venture” means a person who is subject to joint control by two or more undertakings which are economically independent of each other;“market” means a range of reasonable possibilities for substitution in supply or demand between kinds of goods or services and between suppliers or customers, or potential suppliers or customers, of the goods or services in Uganda or a substantial part of Uganda;“merger” means an amalgamation or joining of two or more firms into an existing firm to form a new firm;“Minister” means the Minister responsible for trade;“Ministry” means the Ministry responsible for trade;“person” means a firm, partnership, corporation, company, joint venture, association or other juridical person which or an individual who engages in commercial activities and includes a branch, subsidiary, affiliate or other entity which is directly or indirectly controlled by such entity;“predatory pricing” means a strategy where a person sells a product below cost to drive a competitor out of the market;“price squeezing” means a pricing practice by a person operating in an upstream market or a downstream market, and charges the consumer the upstream price, which does not allow the consumer to compete in the downstream market;“producer” means a person involved in the production of goods or services;“refusal to deal” means an arrangement in which a person denies supplying another person with the product or service and includes not only blatant refusal, but also subtle refusal which conditions the supply on unreasonable conditions, such as unacceptably high prices;“resale price maintenance” means an agreement between a supplier and a distributor with the object or effect of directly or indirectly, fixing a minimum selling price to be used by the distributor when re-selling goods to a customer;“service” includes the provision of facilities or intangibles for a price or fee and does not include the rendering of any service free of charge;“share” means a share in the share capital of a company and includes stock except where a distinction between stock and shares is expressed or implied;“turnover” means the latest audited gross sales of a person;“tying arrangement” means an agreement between a seller and a buyer in which the seller agrees to sell a product or provide a service on condition that the buyer—(a)purchases another different product or service;(b)does not purchase the product or service from any other supplier or seller; or(c)adheres to some other restriction;“vertical agreement” means an agreement between persons each of which operates, for the purposes of the agreement, at a different level of the production or distribution chain and relates to the conditions under which the parties may purchase, sell or resale certain goods or services.Part II – Administration
4. Administration of Act
This Act shall be administered by the Ministry responsible for trade.5. Functions of Ministry
The functions of the Ministry in the administration of this Act are—6. Reference of competition matters to Ministry in certain cases
7. Technical committee on competition and consumer protection
8. Powers of Ministry
In the performance of its functions specified in section 5, the Ministry—Part III – Prohibition of anti-competitive practices and anti-competitive agreements
9. Prohibition of anti-competitive practices and anti-competitive agreements
10. Inquiry into anti-competitive practices and anti-competitive agreements
Part IV – Prohibition of abuse of dominant position
11. Abuse of dominant position
12. Prohibition of exploitation of consumers by dominant person
A person holding a dominant position in the relevant market shall not—13. Prohibition of exclusion of competitors by dominant person
14. Inquiry into abuse of dominant position
Part V – Mergers, acquisitions and joint ventures
15. Notice of merger, acquisition and joint venture
16. Procedure for inquiring into mergers, acquisitions and joint ventures
17. Findings and orders of Ministry upon inquiry
Part VI – Inquiries and related matters
18. Application of this Part
This Part applies to all inquiries made under this Act, except inquires made under Part V.19. Procedure for making inquiries
20. Orders in relation to abuse of dominant position, anti-competitive practices and anti-competitive agreements
Part VII – Miscellaneous
21. Offences in relation to furnishing of information
A person who, in respect of any matter under this Act—22. Offences by individuals
23. Failure to pay fines
A person who fails to pay a fine imposed under this Act or regulations made under this Act, commits an offence and is liable, on conviction, to a fine not exceeding four thousand currency points or imprisonment not exceeding five years, or both.24. Protection from liability
A person acting on the direction of the Ministry is not personally liable for an act or omission done or omitted to be done in good faith in the exercise of duties or functions under this Act.25. Duty not to disclose information
26. Appeals
A person aggrieved by a decision or order made under this Act, may appeal to the High Court.27. Regulations
28. Amendment of Schedule
The Minister may, by statutory instrument, in consultation with the Minister responsible for finance, and with the approval of the Cabinet, amend the Schedule to this Act.History of this document
19 April 2024 this version
02 February 2024
Assented to