at the GCC:
You can download the FULL TEXT of the
Competition Act of 2007 HERE
can download other related documents
Competition Act Guidelines
Competition Impact Assessment Guidelines
National Employment Policy & Strategies 2010 - 2014
Procedural Rules 2008
Procurement Regulations 2003
Strategic Plan of the GCC
Trade Policy 2010
before relying on any information on this page or
any of the above links to make any decisions.
The Gambia Competition Act
of 2007 was enacted into law by the National
Assembly in Banjul and assented by the President on the 5th
October, 2007. The statute is made up of 11 parts with 61
sections and 2 schedules added. It provides for the setting up of the
Competition Commission made up of five commissioners appointed by the President.
Purpose of the
main goal of the Act is to encourage greater competition in
the distribution of products and services in the Republic
of The Gambia. To achieve this main aim the GCA has laid out
prohibited practices and empowers the GCC regulating
authority to take action against undesirable, anti-competitive
What are the objectives of the 2007 Competition Act?
Its objectives are to thwart collusive agreements and
rigging of tender bids by looking into and controlling
restrictive practices and agreements, monopolies,
champion and promote competition, protect the interests
of consumers in Gambia and ensure free trade in the
What is Unfair Competition?
The implementation of practices such as predatory
pricing, collusive price fixing, discriminatory pricing,
deliberate reduction in output in order to increase
prices, creation of barriers to entry, tie-in sales,
allocation of markets, etc., are considered unfair
What is Market Competition & Why is it Needed?
Basically, market competition is when distributors
endeavour for buyers to purchase their goods and
services to maximise profit or achieve other aims for
establishing the business. A purchaser aims to buy a
product at a low price, while the seller prefers to sell
at a price that maximises profits.
Market competition is the most optimum way of ensuring that
consumers have a choice to the broadest selection of
goods and services at the most competitive prices,
leading to more productive and allocative efficiency.
Therefore, as a pre-requisite, healthy market conditions
are necessary, and appropriate regulations to promote
competition must be put into place.
What Constitutes an "Agreement" Under the Act?
An agreement means an arrangement between businesses which
is implemented or intended to be carried out in The
Gambia, irrespective of the form in which it is made,
and could be a verbal agreement and a concerted
practice. It does not need to be formal or in writing or
to be enforceable by law.
What is an Anti-competitive Agreement?
An agreement that restricts competition which includes,
but are not limited to the following examples:
* An agreement to restrict supply & production to drive
* Agreement to carve up markets.
* Agreement to collusively bid or bid rigging.
* Conditional sale / purchase (lock-in arrangement).
* Exclusive distribution / supply arrangements.
* Price fixing agreement.
* Refusal to deal (can be vertical or horizontal).
* Resale price maintenance (RPM).
• What Business Practices Are Prohibited Under The
Collusive Agreements: concerted practices, agreements or
decisions made by company associations in the same
market to share markets between themselves or fix
prices, such as restricting competition and bid rigging.
Non-collusive Agreements and Monopolies: These are defined
as practices that might occur between a firm and other
entitities such as suppliers or customers that are able in
restricting, distorting or preventing competition, but
are not inherently anti-competitive.
• What is Abuse of Dominance?
A business enterprise in a position of strength which
allows it to trade independently of competitive market
forces or to affect its consumers, competitors or the
market to its benefit is seen as dominance. Examples of
such abuse of dominance are:
* applying different conditions to similar transactions;
* creating barriers to entry;
* exclusionary predatory pricing;
* preventing access to market;
* setting down of unfair conditions or price;
* the limitation of market/production or technical
* the leveraging of dominant position in one market to
gain advantages in another.
The information on the above page should not be relied on
for any information or guidance and does not constitute legal
advice or guidance on any matter whatsoever. You should visit
the Gambia Competition Commission's official website or their
office in the Greater Banjul area, for any information of
any kind that you seek.