Section 105 Federal Competition and Consumer Protection Act 2018
Section 105 of the Federal Competition and Consumer Protection Act 2018 is about Designation of regulated industries. It is under Part XIII (Regulated Industries) of the Act.
(1) The operation by an undertaking in an industry subject to the authority of a regulatory agency set up by an Act of the National Assembly or the Laws of a State is sufficient to make such an undertaking a member of a regulated industry for the purpose of this Act.
(2) In so far as this Act applies to an industry or sector of an industry that is subject to the jurisdiction of another government agency by the provisions of any other law, in matters or conducts which affect competition and consumer protection, this Act shall be construed as establishing a concurrent jurisdiction between the Commission and the relevant government agency, with the Commission having precedence over and above the relevant government agency.
(3) For the purposes of this Act, any government or regulatory agency whose mandate includes enforcement of competition and consumer protection Laws or principles is hereby recognized as a government agency for the avoidance of conflicts between the powers and functions of the Commission conferred by or under this Act and the powers and functions of any other government agency as contained in any other law, rule or regulation in force.
(4) The Commission shall negotiate agreements with all government agencies whose mandate includes enforcement of competition and consumer protection for the purpose of coordinating and harmonising the exercise of jurisdiction over completion and consumer protection matters within the relevant industry or sector, and to ensure the consistent application of the provisions of this Act.
(5) A government agency or regulatory authority which, in accordance with the provision of an existing law or regulation, has jurisdiction in respect of an industry or sector, shall commence negotiation of agreements with the Commission as anticipated in subsection (5) and shall conclude such negotiations within one year, and in respect of matters within its jurisdiction, may exercise its jurisdiction by way of such an agreement.
(6) An agreement under subsections (4) and (5) shall-
(a) identify and establish efficient procedures for the management of areas of concurrent jurisdiction;
(b) promote cooperation between the regulatory agency and the Commission:
(c) preserve the coordinating and leadership role of the Commission in relation to the exercise of the concurrent
power as envisaged under this Act.
(d) provide for the exchange of information and the protection of confidential information, and
(e) be published in the Federal Government Gazette.
(7) Where the negotiations contemplated by subsections (4) and (5) are inconclusive, the areas of disagreement shall be referred to the Attorney-General and Minister of Justice in the case of a large merger, for advise on
public interest grounds.
(8) In resolving the areas of disagreement as provided in (7), the Attorney-General of the Federation and Minister of Justice shall take into account the advice of the Tribunal.
