Local counsel are not aware of any such penalties imposed on any entities engaged in prohibited practices in Ghana. 

Local counsel are not aware of any cases brought by an authority in Ghana against parties in a vertical relationship for infringing the competition legislation.

Exclusivity clauses and non-compete restraints are not statutorily prohibited. Local counsel are, therefore, not aware of any prosecution by a regulator against entities for implementing exclusivity clauses or non-compete restraints.

Generally, exclusivity and non-compete clauses in commercial contracts would be enforceable in the Ghanaian courts if the terms are demonstrated to be reasonable as between the contracting parties. If found to be unreasonable, such terms may be unenforceable on public policy grounds. 

Local counsel are not aware of any new investigations launched by an authority against any entity in Ghana, for engaging in prohibited practices since January 2021. 

The Protection Against Unfair Competition Act, 2000 (Act 589) is the only piece of legislation which impacts competition and competitive practices across sectors. It, however, only deals with unfair commercial practices such as acts which damage the goodwill or reputation of another company or mislead the public and does not contain provisions on abuse of buyer power. The sector specific legislations that deal with competition in the relevant sectors also do not contain provisions which expressly deal with abuse of buyer power.

Local counsel are not aware of any instance where an authority has accused a regulated entity of abusing buyer power or brought a case against a regulated entity for abusing buyer power. 

Yes.

In the energy sector, the National Petroleum Authority Act, 2005 (“NPA Act”) criminalises the formation of cartels, monopolies, and unfair competition in the petroleum industry, as well as cartelisation in the petroleum downstream industry. “Cartelisation” refers to an agreement, combination of or concerted action by refiners, importers or dealers or their agents, to fix prices, restrict output, divide markets either by allocating products or areas to restrain trade or free competition.

The penalty for forming a cartel or a monopoly is imprisonment for a minimum of 10 years, or a minimum fine of GHS 60,000 (approx. USD 10,380), or both. The minimum fine in the case of cartelisation is GHS 180,000 (approx. USD 31,140).

Local counsel are not aware of criminal charges or convictions that have been made under either the Unfair Competition Act or the NPA Act.

In the telecommunications sector, companies which are classified as having significant market power and dominant, are prohibited from engaging in certain conduct which amount to an abuse of their dominant position. However, engaging in such conduct or failing to conduct in the prescribed manner is not criminalised. The regulator may, however, apply to the High Court for an order to compel the regulated entity to act in the prescribed manner.