The Competition and Fair Trading Commission (“Commission”) takes cognizant of the fact that this is a planting season following the recent rains. The Commission is advising all suppliers of agricultural inputs to refrain/desist from indulging in anticompetitive and unfair trading practices as they are prohibited under Sections 32 to 34 and 43 of the Competition and Fair Trading Act (CFTA). Consumers of agricultural inputs are therefore advised to report to the Commission should they suspect that their rights have been or are being violated. Examples of anticompetitive trade practices include predatory pricing, discriminatory conduct, tying and bundling (e.g. forcing farmers to buy fertilizer and seed from the same shop), price fixing by associations or groups of enterprises, market allocation (i.e. preventing some traders from selling at certain market points), refusal to deal, and unauthorized exclusive dealing arrangements (i.e. forcing traders not to sell products of competitors without authorization from the Commission).
Examples of unfair trading practices, on the other hand, include hoarding of products, excluding liability for defective goods (such as traders denying consumers opportunity to return substandard products), sale of substandard products (for example, expired fertilizer, planting materials and seed), misrepresentation of products, misleading or deceptive advertising, among others.
The Commission will not hesitate to take necessary action to deal with traders found engaging in prohibited practices as outlined above. Should you observe any trader engaging in any anticompetitive and/or unfair trading practices in the supply of agricultural inputs, please report to the Commission by calling our Toll-free Line 2489; or contacting our Public Relations Officer Innocent Helema on +265 880 725 075.
ACTING EXECUTIVE DIRECTOR