Self-assessment
Competition Act Self-Assessment
12 yes/no questions on the Competition Act: dealings with competitors, dealings with suppliers and customers, abuse of a dominant position, mergers and acquisitions, and training. You get a score for each area and a list of gaps with what to do about each one.
1. Dealing with competitors
The Act bans agreements between competitors that restrict competition, such as fixing prices, dividing markets or rigging tenders. Criminal liability for cartel conduct was reported as taking effect in 2026.
1. Do your staff know they must never agree with a competitor on prices, discounts, trading terms, who to supply or which areas to serve?
(Competition Act s4)
2. Do you avoid sharing future pricing, costs, customers or tender plans with competitors, including at industry associations and events?
(Competition Act s4)
3. Do you prepare tenders and quotes independently, with no consultation with other bidders on the price or who will win?
(Competition Act s4(1)(b))
4. If you need to cooperate with a competitor (for example a joint venture or a joint bid), have you taken legal advice first?
(Competition Act s4)
2. Dealing with suppliers and customers
1. Do you avoid fixing the minimum price at which your customers or distributors resell your goods (resale price maintenance)?
Suggesting a price is allowed. Requiring a minimum resale price is generally prohibited. (Competition Act s5)
2. Have you reviewed your supply, distribution and exclusivity agreements for terms that could restrict competition?
(Competition Act s5)
3. Dominance
Answer Not applicable in this section if you are a small firm with no large share of your market.
1. Do you know whether you may be a dominant firm in a market, because of a large market share or market power?
(Competition Act s7)
2. If you may be dominant, do you avoid excessive pricing, refusing to supply, predatory pricing or exclusive deals that block rivals?
(Competition Act s8, s9)
4. Mergers and training
1. If you plan to buy, sell or merge a business, do you check whether the deal is notifiable to the Competition Commission and wait for approval before you complete it?
Mergers above the thresholds must be notified, and closing early (gun-jumping) can bring penalties of up to 10% of turnover, as reported. Updated thresholds and filing fees took effect on 1 May 2026, so check the gazetted figures. (Competition Act Chapter 3)
2. Do you keep merger-related information confidential and avoid acting as one business with the other party before approval?
(Competition Act Chapter 3)
3. Do you train sales, procurement and senior staff on competition law, and have a clear way for them to ask questions or raise concerns?
(Competition Act, good practice)
4. Do you know that the Commission can investigate, search premises and fine firms heavily, and do you know who would handle a dawn raid or an information request?
(Competition Act Chapter 5)
Sources
Turn these gaps into tracked tasks
Assign owners and due dates, keep the evidence, and show your progress to clients and auditors.