intellectual property rights will be exempted and excluded
from the ambit of this Policy.
9.0 REGULATORY FRAMEWORK
9.1 In order to ensure compliance with and adherence to locally and
internationally acceptable anticompetitive business behavior and conduct,
Government will formulate a Competition Act, through which competition in
the market place will be regulated.
10.0 INSTITUTIONAL ARRANGEMENTS
10.1 Institutional arrangements for the formulation, review, and monitoring of the
implementation of the Competition Policy and its related legislation will
remain the responsibility of the Ministry of Trade and Industry whilst the
Competition Authority will be responsible for the implementation of this
Policy and enforcement of the Competition Act.
10.2 For the Competition Policy to succeed, Government will:
a)
Establish an Independent Competition Authority;
b) Ensure compliance and enforcement of the rules of fair play; and
c) Maintain an effective and equitable balance between the interests of
business and those of the public.
10.3 As part of its responsibility to implement the Competition Policy and its
related legislation, the Competition Authority will have power to enforce the
Competition Act, including conducting investigations, prosecuting
transgressions of the Competition Act, and presiding over disputes. Parties
aggrieved by the decision of the Competition Authority will have the right to
appeal to the High Court.
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