February 12, 2010

Commission Removes Restrictive Agreements

12 February 2010

The Commerce Commission has concluded its investigation of restrictive Trade Practices by Mobile phone company, Vodafone Fiji Limited, and the commission and Vodafone have amicably resolved that its restrictive or exclusive agreements have to stop immediately and open competition should be allowed.

Commission Chairman, Doctor Mahendra Reddy said Vodafone will now have to comply with the Commission's decision with immediate effect.

He said one of the decisions’s include Vodafone Fiji terminating all exclusive media texting platform agreements with all radio stations.

With the radio texting promotions, Vodafone Fiji will no longer be able to restrict other mobile operators from entering into agreements with the radio stations for texting promotions.

Dr Reddy said it will continue to monitor the market for any possible anti-competitive behaivior by any operator and will use all its powers derived from the relevant acts to ensure that effective competition and informed markets are promoted, fair trading is undertaken and consumers and businesses are protected from restrictive practices.

Following the announcement, Vodafone Fiji said it has always endeavored to work within the confines of the law of the land.

Vodafone Fiji Manager Corporate Affairs, Shailendra Prasad said whilst the company has a legal right to pursue the matter in court, it has chosen to amicably resolve the matter with the commission by terminating the agreements and replacing them with new ones.

Prasad said Vodafone cooperated fully by providing all relevant agreements and documents that the commission required for their investigations into possible anti-competitive behaviour.

Prasad said Fair Trading is still a murky area given that the interpretation of the Fair Trading Decree is still not very clear.

Vodafone also said fair trading and anti-competitive has also not been challenged in Fiji courts and there is no local precedence to support an argument either way.

Prasad said the only guide is the Fair Trading Decree itself which could be interpreted in different ways by different people.

Vodafone said despite this, the company has made a decision to work with the Commerce Commission in the spirit of promoting fair competition in the market.

Meanwhile Digicel Fiji said they look forward to further strengthening their positive relationships with the business community, to ensure that all the people of Fiji will now have the choice on what to use.

Digicel Fiji CEO Matt Davey said their message to the business community is that their doors are open and they are looking forward to working with them as real partners.

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