CFTC Warns MCs Association against engaging in Anti-competitive Business Conduct

The Competition and Fair Trading Commission (CFTC) has warned the Masters of Ceremonies Association of Malawi to desist from engaging in conducts that may be in violation of the Competition and Fair Trading Act Chapter 48:09 of the Laws of Malawi.

The CFTChas issued the warning following media reports that MCs Association had introduced a requirement that prohibited any person from practicing as a Master of Ceremonies unless if they are accredited by or affiliated to the Association. According to the reports, those that do not have this accreditation were threatened to be stopped by to practice by force.

In a letter dated 19th May 2015, addressed to the Association’s President, the CFTA warned the Association that preventing competitors from carrying on business in Malawi constitutes predatory conduct which is prohibited under Section 32 (2)(a) of the Competition and Fair Trading Act. Therefore, the Association and its members may be acting in contravention of the said Section of the Act. The CFTC drew the attention of the Association to the Constitution of the Republic of Malawi which provides for the freedom of association and observed that no person should compel another person to join an association.

The CFTC has, therefore, advised the MCs Association of Malawi to refrain from forcing any person who wants to practice as an MC to join the Association in order to be allowed to practice. The Association has also been advised to refrain from preventing MCs who are not members of the Association from practicing.

The Association has been informed that CFTC will be monitoring the conduct of the Association and appropriate action shall be taken if the Association is found to be engaging in anti-competitive business practices.