CFTC fines companies K13.9 million over unfair trading

The Competition and Fair-Trading Commission (CFTC) has ordered companies to pay fines and refunds totaling K13.9 million over unfair trading and anti-competitive business practices.

Speaking to journalists in Lilongwe, CFTC executive director Lloyds Vincent Nkhoma said the Commission considered over a total of 86 cases, which included 72 cases of unfair trading practices and 14 cases of anti-competitive business practices.

He said: “These cases aren’t old. Actually, most of them were either reported late last year for the cases, which the Commission considered in March, and for those which were considered in May, they are actually cases whose complaints were received this year.

“At each and every quarter end, they need to make a determination on the newest cases, so there is rarely a backlog. The case reported in the first quarter has to be determined on in the first quarter.”

According to Nkhoma, the companies, which include AFTO Energy Limited, Glalle Enterprises, and AMPEX Courier services, have been ordered to pay K4 million in fines and K9.9 million in refunds to consumers.

Nkhoma has since disclosed that the Commission has referred a draft bill detailing revised fines to the Ministry of Trade and Industry for an amendment.

“The process has now gone at an advanced stage, we are done with the draft bill, which we have submitted to our parent ministry – ministry of trade, which, as per standard procedure, the Trade Ministry by now must have taken it to Ministry of Justice which does the vetting.

“We were hoping that possibly the midday sitting Parliament of November could provide an entry point, but that’s just what we think because we know parliamentary sittings also have their own priorities,” said Nkhoma.

Among other cases, the Commission commenced investigations against AFTO Energy Limited on allegations of excluding liability for defective goods, misleading conduct, and unconscionable conduct.

Investigations found that the Respondent did not supply the solar panels that were consistent with what the Complainant was quoted. The investigations further found that the Complainant paid K1.2 million for the system, leaving a balance of K530,000.

CFTC ordered the company to refund the Complainant K1.2 million and remove the solar system within 30 days.

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