Fair Trading Act
p. 33 · Read in the full issue
Section 49: Mergers
1. A person shall be guilty of an offence who acquires, directly or indirectly, any shares in the capital, or any assets, of a body corporate if a. as a result of the acquisition, the per son would be, or be likely to be, in a posi tion to dominate a market for goods or ser vices; or b. in a case where the person is in a position to dominate a market for goods or services - 1. the body corporate or another body corporate that is related to that body corpo rate is, or is likely to be, a competitor of the person or of a body corporate that is related to the person; and 11. the acquisition would, or would be likely to, substantially strengthen the power of the person to dominate that market. 2. A person shall not acquire, directly or indirectly, any shares in the capital, or any assets, of a corporation if a. as a result of the acquisition, the per son would be, or be likely to be, in a posi tion to dominate a market for goods or ser vices; or b. in a case where the person is in a position to dominate a market for goods or services - I. the corporation or body corporate that is related to the corporation is, or is likely to be, a competitor of the person; and 11. the acquisition would, or would be likely to, substantially strengthen the power of the person to dominate that market. 3. If a. a body corporate that is related to or associated with a person is, or two or more bodies corporate each of which is related to or associated with the one person together are, in a position to dominate a market for goods or services; or b. a person, and a body corporate that is, or two or more bodies corporate each of which is, related to or associated with that
person, together are in a position to domi nate a market for goods or services, the person shall be deemed for the pur poses of this section to be in a position to dominate that market. 4. For the purpose of this section, a body corporate shall be taken to be associ ated with another body corporate (not being another body corporate that is related to the first-mentioned body corporate) if one of those bodies corporate) in this sub-section referred to as the “dominant body corpo rate”) is, either alone or together with another body corporate that is, or other bodies cor porate each of which is, related to the dom inant body corporate, or associated with the dominate body corporate by another appli cation or other applications of this sub-sec tion, in a position to exert, whether directly or indirectly, a substantial degree of influ ence over the activities of the other body corporate. 5. For the purpose of sub-section (4), the fact that a body corporate is in a posi tion to exert a substantial degree of influ ence over the activities of another body corporate by reason only that a. those bodies corporate are in compe tition in the same market; or b. one of those bodies corporate sup plies goods or services to the other, shall be disregarded. 6. In this section a. a reference to a market for goods or services shall be construed as a reference to a substantial market for goods or services in Fiji; and b. a reference to dominating a market for goods or services shall be construed as a reference to dominating such a market either as a supplier or as an acquirer of goods or services in that market. ■