Section 2

to influence the conduct of one or more undertakings in a market; or

to disclose the course of conduct which an undertaking has decided to adopt or is contemplating to adopt in a market, in circumstances where such disclosure would not have been made under normal conditions of competition;

“consumer” means any direct or indirect user of goods or services supplied by an undertaking in the course of business, and includes another undertaking that uses the goods or services thus supplied as an input to its own business as well as a wholesaler, a retailer and a final consumer;

“Director” means the Director of the Commission appointed under section 6 and includes any person acting in that capacity;

“document” has the same meaning as in section 2 of the

Evidence Act (Chapter 108) and includes information recorded in any form;

“dominant position” means a situation in which one or more undertakings possess such significant power in a market to adjust prices or outputs or trading terms, without effective constraint from competitors or potential competitors within Brunei

Darussalam or elsewhere;

“goods” means property of every kind, whether tangible or intangible and includes —

all kinds of movable property;

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B.L.R.O. 9/2022 11

buildings and other structures;

vessels and vehicles;

utilities;

minerals, trees and crops, whether on, under or attached to land or not;

animals, including fish; and

chose in action;

“individual exemption” has the same meaning assigned to it under section 13(3);

“information” includes estimates and forecasts;

“member” means a member of the Commission;

“Minister” means the Minister charged with the responsibility for general competition matters;

“party involved in a merger” means a person or an undertaking specified in section 23(2) and includes the merged entity;

“party to an anticipated merger” means a person or an undertaking which would be a person or an undertaking specified in section 23(2) if the anticipated merger were carried into effect;

“person” includes any undertaking;

“premises” does not include domestic premises unless —

they are used in connection with the affairs of an undertaking; or

documents relating to the affairs of an undertaking are kept there, but includes any vehicle;

“price” includes any form of consideration given in return for any goods or services of any kind, whether such consideration has actually been given or is advertised or stated as being required to be given in exchange for such goods or services;

“public interest consideration” means national or public security, defence and such other considerations as the Minister may, by order published in the Gazette, prescribe;

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“section 11 prohibition” means the prohibition referred to in section 11(1);

“section 21 prohibition” means the prohibition referred to in section 21(1);

“section 23 prohibition” means the prohibition referred to in section 23(1);

“service” means a service of any description whether industrial, trade, professional or otherwise;

“supply” includes —

in relation to goods, the supply and re-supply, by way of sale, exchange, lease, hire or hire-purchase of the goods; and

in relation to services, the provision by way of sale, grant or conferment of the services;

“Tribunal” means the Competition Appeal Tribunal established by section 60;

“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.