Seychelles: Fair Trading Commission
Seychelles
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Seychelles: Fair Trading Commission

Seychelles: Fair Trading Commission

Seychelles

Seychelles: from the enforcer

Address: Block B, 3rd Floor, Room 301-306,Unity House, P.O Box 1207, Victoria, Mahé, Seychelles
Tel: +248 4 325 250 / 40 / 49
Email: [email protected]

Contacts

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Francis Lebon
Chief Executive Officer
Email: [email protected]

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Natalie Edmond
Deputy Chief Executive Officer
Email: [email protected]

Legal Department

Catherine Ombima
Senior Legal
Email: [email protected]

Competition Department

Natasha Jumaye
Senior analyst
Head of Department
Email: [email protected]

Consumer Goods Department

Neddy Padayachy
Principal analyst
Email: [email protected]

Consumer Services Department

AnnashantaCanaya
Senior analyst
Head of Department
Email: [email protected]

Market Surveillance Department

Frederika Confait-Poussou
Senior analyst
Head of Department
Email: [email protected]

Tania Morel
HR & Budget Officer
Email: [email protected]

Julio Edmond
IT manager
Email: [email protected]

Questions and answers

How long is the head of agency’s term of office?

The Chief Executive Officer is appointed under a public service contract for three years.

When is he or she due for reappointment?

In 2021.

Which posts within the organisation are political appointments?

There are no political appointments.

What is the agency’s annual budget?

The Fair Trading Commission (FTC) is dependent on the national budget, which varies each year. The total budget allocated for 2020 is 14million Seychelles rupees.

How many staff are employed by the agency?

Thirty-three staff.

To whom does the head of the agency report?

The FTC reports to the Board of Commissioners on all matters except for policy issues. The FTC reports to the Minister of Finance, Trade, Investment,and Economic Planning on policy matters.

Do any industry-specific regulators have competition powers?

No. Nonetheless, the Central Bank of Seychelles isamending the Financial Institutions Act of 2004 and it will include provisions relating to mergers. The amendment is estimated to be finalised in 2021–2022.

Also, the Department of Information Communications Technology is working on a Communications billthat will contain provisions thatprohibit anti-competitive conducts or practices in electronic communications or broadcasting services.

If so, how do these relate to your role?

Not applicable.

Do politicians have any right to overrule or disregard the decisions of the authority?

No.

Does the law allow non-competition aims to be considered when taking decisions?

This would depend on public policy or public interest issues in place to safeguard the interests of the country.

Which body hears appeals against the agency’s decisions? Is there any form of judicial review beyond that mentioned above? If so, which body conducts this?

The Appeal Tribunal hears appeals made against the FTC and its Board of Commissioners. If any party is against a decision of the Appeal Tribunal, then the case is forwarded before the Supreme Court of Seychelles. The Supreme Court may:

  • Affirm, reverse, amend alter an order or direction of the Appeal Tribunal;
  • Remit the matter to be further determined by the Appeal Tribunal with its opinion on the matter; or
  • Make such orders as it sees fit.

A review of the FTC’s actions can be made by the Office of the Ombudsman in Seychelles.

Yes

Has the authority ever blocked a proposed merger?

No.

Has the authority ever imposed conditions on a proposed merger?

Yes.

Has the authority conducted a Phase II investigation in any of its merger filings?

No.

Has the authority ever pursued a company based outside your jurisdiction for a cartel offense?

No.

Do you operate a leniency programme? Whom should potential applicants contact?

A leniency policy has been drafted but not finalised.

Is there a criminal enforcement track? If so, who is responsible for it?

No.

Are there any plans to reform the competition law?

The law is currently under review and proposals are being made.

When did the last review of the law occur?

This is the first review, the law has become operational only 10 years ago.

Do you have a separate economics team? If so please give details.

No

Has the authority conducted a dawn raid?

No.

Has the authority imposed penalties on officers or directors of companies for offenses committed by the company?

No.

What are the pre-merger notification thresholds, if any, for the buyer and seller involved in a merger?

The pre-merger notification thresholds are 40 percent of the market.

Are there any restrictions on minority investments?

No.

Does the authority conduct criminal investigations and prosecutions for cartel activity? If not, is there another authority in the country that does?

According to the Fair Competition Act 2009, the FTC has the authority to conduct investigations and send cases before the board of commissioners for cartel activity. The board may impose penalties on the company.


Seychelles: from the enforcer's competition economists

Address: Block B, 03rd Floor, Room 301-306, Unity House, Victoria, Mahe, Seychelles
Tel: +248 432 5250
Fax: +248 432 5240
Web: www.ftc.sc

Contacts

image 53
Francis Lebon
Chief Executive Officer
Tel: +248 432 5250
Email: [email protected]

Natalie Edmond
Deputy Chief Executive Officer
Tel: +248 432 5250
Email: [email protected]

Questions and answers

How many economists do you employ?

None.

Do you have a separate economics unit?

No.

Do you have a chief economist?

No.

To whom does the chief economist report?

Not applicable.

Does the chief economist have the power to hire his or her own staff?

Not applicable.

How many of your economists have a Ph.D. in industrial economics?

Not applicable.

Does the agency include a specialist economist on every case team? If not, why not?

No. The Fair Trading Commission does not employ a specialist economist.

Is the economics unit a ‘second pair of eyes’ during cases – is it one of the agency’s checks and balances? If not, why not?

Not applicable.

How much economics work is outsourced? What type of work is outsourced?

Not applicable.

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