Welcome to the Fair Trading Commission

What is Fair Trading Commission?

The Commission is a body corporate, established under section 5 (1) of the Fair Trading Act, 2022 to enforce any written laws relating to consumer protection and fair competition.

What are some of the functions of the Commission?

  • establish compliance programs with providers of goods and services;
  • carry out such market inquiry, inspection, monitoring or investigations into the conduct of enterprises as it may consider necessary to detect and prevent prohibited conduct;
  • negotiate and recommend undertakings and settlements before the Tribunal;
  • promote alternative methods of dispute resolution under this Act;
  • investigate any complaint of alleged contravention of this Act or refer any such complaint to another regulatory body;
  • co-operate with other regulatory bodies, consumer interest groups and other entities for the purpose of enforcing consumer protection and fair competition;
  • conduct education and advocacy programs;
  • undertake research and publish reports and information on matters affecting the interests of consumers and enterprises;
  • assist in developing and promoting the standards of conduct for ensuring good business practices;
  • provide information for the guidance of consumers regarding their rights and the responsibilities of enterprises under this Act;
  • issue and enforce compliance notices, warning notices, notices for information submission and prohibition notices;
  • make recommendations to the Government on the actual or likely anti-competitive effects or consumer protection issues that arise out of policies and, where appropriate, how to avoid those effects;
  • advise the Government on laws affecting competition and consumer protection;
  • liaise with and exchange information, knowledge and expertise with authorities of other countries entrusted with functions similar to those of the Commission;
  • deal with any matter referred to it by the Tribunal, Minister, and any other regulator;
  • impose such fees as may be required under this

What are some of the functions of the Tribunal?

Under section 22 (1) the Tribunal functions shall be to –

  • Adjudicate in relation to –
  • Any complaint of alleged prohibited conduct referred to it by the Commission under section 35 (3)
  • Any appeal under section 35 (4) against any decision of the Commission
  • Any application under this act
  • An application made to it under section 124 for the review of the decision of the Commission;
  • a grant of authorization under section 136 (5), or a permission of a proposed merger under section 133, recommended by the Commission; and
  • exercise any other powers conferred on it by this Act or any other written law.

What are the powers of the Commission in relation to investigation of complaints?

As per section 37 (1) of the Fair Trading Act, 2022 the Commission has the jurisdiction and power to –

  • Summon any person to appear before an officer of the Commission, when in its opinion such person will be able to furnish any information relevant to the complaint, or, will be able affected by an investigation or outcome of an investigation or hearing of the complaint
  • Compel the production of such books, records, papers and documents as it may consider necessary or proper for any proceedings, investigation or inquiry by it.
  • Seize documents
  • Adjourn investigations
  • Make test purchases
  • Inspect goods
  • Grant corporate immunity
  • Impose fixed penalties; and
  • To do all the necessary in the lawful exercise of its powers, or the performance of its function under the Fair Trading Act, 2022

What is a complaint?

A complaint comprises of an allegation that consumer’s rights under the Fair Trading Act, 2022 have been infringed, impaired or threatened or that prohibited conduct has occurred or is occurring. A complaint may be made in writing or orally before a member of the staff of the Commission designated by the Chief Executive Officer. However, for official purposes, the Commission encourages consumers to submit complaints by completing the Consumer Complaint Form which can be downloaded at the following: link: https://www.ftc.sc/consumer-complaint-form/

What are the procedures to the initiation of a complaint?

Under section 33 (1) of the Fair Trading Act, 2022 the Commission may initiate an investigation into a complaint on its own motion, or on a reference made to it by the Minister, the Tribunal, or any regulatory authority, concerning an alleged prohibited conduct of an enterprise.

Under section 33 (2) Any person may make a complaint concerning an alleged prohibited conduct of an enterprise to the Commission.

Subject to the other provisions of the Fair Trading Act, 2022, section 33 (1) states that the Commission shall have no jurisdiction to entertain a complaint where the value of the subject matter from which the complaint arose exceeds SCR 5,000,000. Provided that the Minister in consultation with the Commission prescribe such other value.

The person referred to in section 33 (2) includes –

  • A person acting on his or her own behalf;
  • A person authorized and acting on behalf of another person who cannot act in his or her own name;
  • A parent, custodian or guardian of a minor
  • A guardian to a person who is interdicted or subject to a supervision order.

How long do I have to lodge a complaint?

Under section 36 (1) of the Fair Trading Act, 2022 a complaint shall not be referred or made under section 33 after a period of 2 years has lapsed, after –

  • The act or omission that is the cause of the complaint has been done or omitted to be done; or
  • In the case of a course of conduct or continuing practice, the date that the conduct or practice ceased.

36 (2) of the Fair Trading Act, 2022 states that a complaint shall not be referred or made under section 33, if the goods or service being procured by the complainant –

  • Is contrary to any public policy of Seychelles; or
  • Contravenes any other written laws of Seychelles.

Is there a fee for lodging complaints at the Commission?

No, there is no fee attached to lodging a complaint at the Commission.

In what instances can the Commission not proceed with investigation of a complaint?

34 (1) of the Fair Trading Act, 2022 states, the Commission may determine whether to conduct an investigation of a complaint made under section 33 (1).

34 (2) states, without prejudice to subsection (1), the Commission may refuse to conduct any investigation, if it is satisfied that,

  • The complaint is the subject of a matter pending before a court or another regulatory authority
  • The complaint has been dealt with by the Commission or a court or another regulatory authority
  • The complaint is trivial, frivolous or vexatious
  • The complainant does not have an interest in the matter; or
  • The complaint was not made within the period specified under the Fair Trading Act, 2022.
Whatsapp Us