Individuals who fail to comply with investigation notices issued by the Competition and Consumer Commission without a reasonable excuse could face fines of up to $50,000, imprisonment for up to 10 years, or both, under the proposed Competition and Consumer Commission Bill 2026, which enters nationwide public consultation today.
Companies that fail to comply could be fined up to $500,000 upon conviction.
The draft legislation proposes significantly stronger enforcement powers for the Commission, including expanded investigative authority and tougher penalties for those who obstruct or refuse to cooperate with investigations.
Under the proposed Bill, the Commission would have the power to investigate any conduct it believes may constitute a breach or offence under the Act.
The Commission would also be required to investigate complaints lodged by members of the public but could decline to do so if it considers the complaint unwarranted, impractical, a poor use of resources, or if it is deemed trivial, frivolous, vexatious, lacking in substance or contains insufficient information.
The Bill also allows the Minister to refer matters directly to the Commission for investigation. If the Commission determines it does not have the resources to conduct the investigation, it must notify the Minister as soon as reasonably practicable.
The proposed legislation introduces new safeguards for people under investigation.
Before questioning anyone who may face prosecution or financial penalties, the Commission would be required to advise them that they have the right to remain silent, are not required to answer questions, and that anything they say or do may be used as evidence in future legal proceedings.
Any evidence obtained without first providing the required warning would generally not be admissible in criminal proceedings or proceedings seeking financial penalties.
The Bill also empowers the Commission to compel individuals and organisations to produce documents or other material relevant to an investigation through a written notice.
Such notices must outline the purpose of the investigation, specify when and where documents must be produced, and clearly state the penalties for failing to comply, providing false or misleading information, or destroying evidence.
Public consultations on the proposed Bill begin today, giving businesses, consumers, legal practitioners and other stakeholders the opportunity to provide feedback before the legislation is finalised.
The proposed Competition and Consumer Commission Bill 2026 aims to modernise Fiji’s competition and consumer protection laws while strengthening the Commission’s ability to investigate anti-competitive conduct and protect consumer interests.
