FTC settles first case of ‘Abuse of Dominance’


In 2010, following a complaint lodged at the commission by a competitor, the commission investigated the conduct of Land Marine Limited, and concluded that the company was applying dissimilar conditions to equivalent transactions between its own inland transportation business and that of its competitors in the downstream market, thereby placing its competitors at a competitive disadvantage.

Land Marine Limited as subsequently opted into a voluntary undertaking in writing with the commission pursuant to Section 48 of the Fair Competition Act, 2009 which is opined to satisfactorily address the concerns highlighted in the investigation report.

On July 11, 2012, the Board of Commission endorsed the said undertaking as final settlement of the matter.

As per section 49 (1) of the Fair Competition Act of 2009, the commission shall keep under review the compliance with directions given by the commission and the performance of undertakings  given by an enterprise.

FTC communique