Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698080231346.pdf (Seychelles)
2022 ANNUAL REPORT MAHE: BLOCK B, THIRD FLOOR, UNITY HOUSE TEL: 4325250 PRASLIN: PENSION FUND COMPLEX, GRAND ANSE TEL: 4233109 C S .

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W W W : E T I S B E W This report has been designed, compiled and published by the Fair Trading Commission of Seychelles for the purpose of recording, reporting and showcasing the achievements of the Fair Trading Commission of Seychelles for the year 2022.
This report contains data in the form of written text, numerical statistics, and photographs of either individuals or groups of individuals for the purpose of this report only as described in the above paragraph.

Nothing contained in this report relates to, has any co-relation to, implies, affirms nor confirms any affiliations or partnerships with any organisation, enterprise or body, unless otherwise expressed within this same report.
The text of this document may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not in a misleading context.

The material must be acknowledged as Fair Trading Commission of Seychelles copyright and the document title specified.

The Fair Trading Commission reserves the right to publish or unpublish this report.

© Fair Trading Commission 2022 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T OUR VISION Be the leading institution in the protection of consumers and the competition process for the promotion of socioeconomic welfare PAGE 01 OUR MISSION Advocating and enforcing consumer rights and obligations whilst fostering a fair and competitive business environment in Seychelles PAGE 02 CONTENTS 04 Overview of the Organizational Structure Meet the Management Team The Deputy Chief Executive Officer's Forward 12 31 The Support Departments Human Resources Administration Information Technology Legal Affairs Department The Operations Departments Competition Department Market Surveillance Consumer Departments Praslin Office Education & Advocacy 95 Activities F A I R T R A D I N G C O M M I S S I O N • W W W .
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 03 OVERVIEW OF ORGANISATIONAL STRUCTURE THE MAHE OFFICE IS MADE UP OF 6 DEPARTMENTS WHICH INCLUDE CONSUMER SERVICES, CONSUMER GOODS, COMPETITION, MARKET SURVEILLANCE, LEGAL AND SUPPORT.

THE PRASLIN OFFICE TAKES ON THE ROLE OF PROVIDING THE SAME SERVICES AS THE DEPARTMENTS ON MAHE, TO THE PRASLIN AND LA DIGUE CONSUMERS AND BUSINESSES.
IN MARCH OF 2022, WITH THE ENACTMENT OF THE FAIR TRADING ACT, 2022 IT WAS FOUND IMPERATIVE TO HAVE A SPECIALISED EDUCATION & ADVOCACY UNIT.

THE FAIR TRADING COMMISSION DOES NOT SOLEY FOCUS ON ENFORCEMENT OF THE LAW, EDUCATION & ADVOCACY IS A VITAL PART OF OUR OPERATIONS, AS AN EDUCATED COMMUNITY HELPS CREATE A BETTER TRADING ENVIRONMENT.
THE STAFF OF THE COMMISSION ARE EQUIPPED WITH THE RESOURCES, SKILLS AND KNOWLEDGE REQUIRED TO EFFICIENTLY DELIVER SERVICES CONSISTENT WITH THE MANDATE, UNDER THE GUIDANCE OF THE MANAGEMENT TEAM.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 04 MEET THE MANAGEMENT TEAM MR FRANCIS LEBON CHIEF EXECUTIVE OFFICER to September 2022 MRS NATALIE EDMOND DEPUTY CHIEF EXECUTIVE OFFICER MR NEDDY PADAYACHY PRINCIPAL ANALYST CONSUMER GOODS MS PRIYANKA RAMRUCHAYA PRINCIPAL ANALYST LEGAL MS ANNASHANTA CANAYA SENIOR ANALYST CONSUMER SERVICES MRS FREDERIKA CONFAIT-POUSSOU SENIOR ANALYST MARKET SURVEILLANCE MS NATASHA JUMAYE SENIOR ANALYST COMPETITION MS SABRINA WEIDAUER HUMAN RESOURCE & BUDGET MANAGEMENT OFFICER PAGE 05 2022 Overview THE DEPUTY CEO'S FORWARD It is my humble honour to pen the opening words of this annual report of the Fair Trading Commission, for the year 2022.
This year has been quite an exceptional year for the Commission in many respects.

Firstly, this year marks the beginning of the turnaround from the COVID 19 pandemic.

As such, the disruptions from the pandemic were actively sought to be put in the past while the Commission forged forward towards the return to normality.
Secondly, the Commission welcomed its new legislation, the Fair Trading Act, 2022 (FTA, 2022) which was the culmination of a number of years’ worth of work, being the amalgamation of the Fair Trading Commission Act, 2009, the Fair Competition Act, 2009 (FCA,2009) and the Consumer Protection Act, 2010 (CPA,2010).

The new Act would be the instrument to address the gaps and deficiencies identified in the repealed Acts.
Thirdly, the Commission entered a transition period as the CEO, Mr. Francis Lebon, left the Commission to undertake a new role as Principal Secretary of Trade Department in the Ministry of Finance, National Planning and Trade while leaving the fort to be led by myself, the deputy, in accordance with Section 8 (2) of the FTA, 2022.

As the economy emerged from the aftermath of the pandemic, one matter quickly became evident and that was that the road to recovery would not be smooth.
Nonetheless, the Commission being a Government entity that is resilient and focused, set out to make markets work by enforcing the competition and consumer provisions in the law.

This would in turn create the necessary environment, for benefits to be reaped from efficient competition processes and for consumers to be protected from unfair trade practices from suppliers of goods and services in the market.
In essence, the Commission set out to accomplish the following main objectives during the year 2022: Work with the Attorney General’s office to develop the necessary guidelines and regulations to give effect to the provisions of the FTA,2022; Improve public knowledge on practices that can cause harm to consumers/businesses through an education and advocacy programme; Promote greater collaboration and engagement with relevant stakeholders; F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 06 Enhance effectiveness in investigation Goods Department and prosecution of cases; and Maintain a high success rate before the From the 69 goods complaints lodged, only Tribunal and Supreme Court 48 cases proceeded to investigation with 19 cases investigated under the FTA, 2022 and The above objectives were thus the compass the rest investigated pursuant to the CPA, that guided our work while simultaneously, 2010.
The remainder of the 21 complaints shaping and developing our workforce were closed at the complaint taking stage, towards greater efficiency and effectiveness.

assigned to the Praslin office for investigation among other actions taken.

At this juncture, my task is therefore to Consistent with past years, Electronic items provide you with an overview of the remained the most prominent category of Commission’s activities and achievements goods for which complaints were lodged.
through the lenses of the various department Interestingly, the value of complaints lodged in line with the objectives laid out above.

rose significantly to SCR 1,524,344.65 Enforcement of the Consumer increase could be linked to the type of compared to SCR 690,408.40 in 2021.
Such Protection provisions In 2022 a total of 158 complaints were lodged were of which 69 cases were goods related representing 43.67% and 89 were services related representing 56.33% of the total electronic items purchased, which could have possibly been more expensive.

The latter word was also reflected in the value of technical reports which increased from SCR 17,100.00 in 2021 to SCR 23,675.00 in 2022. number of cases.
The relative percentages of Indeed, electronic items cases prompted a the goods and services complaints depicts a survey to be conducted, and facilitated shift towards a balance in the number of through the consumer policy umbrella, goods and services cases lodged in discussions were undertaken with comparison with previous years.
It is to be stakeholders in the previous year, 2021, noted tough that the screening process which concerning the need for regulation, especially is the first check point for identifying merit in in relation to safety of goods imported in the a complaint, was an essential tool to country.

During this year, extensive work has effectively determine the progression of the thus been invested in the development of what complaints lodged.
can be prematurely termed as the “Product Safety Regulations” and this important With the introduction of the FTA, 2022, 85 regulation will have for chief aim tackling the cases were lodged under the new FTA, 2022 safety aspect of products imported into the and the remaining 73 were lodged under the country, most notably, electronic goods.

CPA, 2010.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 07 Efficiency remained “le mot d’ordre” at the A significant increase in inspections was one Commission and consequently the department of the pinnacles of the work done by the was instrumental in the investigations of department, where 93 inspections were services cases as well.
Services Department Similar to the goods department, of the 89 services complaints lodged, only 49 cases were assigned to the department for investigation following the screening process.

conducted in 2022 in comparison to 59 in 2021, an increase of 57.6%.

27 of the inspections were performed under the FTA, 2022 and the remaining under the CPA, 2010.

Investigations conducted by the department also increased from 34 to 45 in 2022.
The investigations were predominantly related to information not in one of our national The remaining 40 complaints were either languages.

mediated, assigned to Praslin office and the goods department among other actions taken.

Yet again, the construction sector remained dominant in terms of complaints lodged.

Of the 49 cases investigated by the department, 21 were investigated under the FTA, 2022.
Consequent to the number of construction cases lodged, the Quantity surveyor performed 18 site visits, producing 14 reports while 4 were in preparation for submission in the next year.

Of noteworthy importance, while remaining with the theme of efficiency, 43 cases were discontinued in 2022 while only 38 were discontinued in 2021.

Market Surveillance Department Remarkedly, in the surveillance of the markets, enforcement of the consumer provisions was even more pronounced.
Drawing from the above, enforcement became essential to ensure compliance with the then CPA, 2010 and the FTA, 2022.

To this end, a total of 60 compliance notices were served in 2022.

This tool proved to be critical for the breaches observed.

Nonetheless, through review of the law and identification of gaps especially in enforcement, with the introduction of the FTA, 2022, a new tool, the “fixed penalties”, was also introduced, with a two-fold purpose, that is to promote deterrence and induce compliance.
Under this new regime, suppliers found in breach of the FTA, 2022 can be fined up to a maximum of SCR 20,000 per breach and for the year 2022 towards the last quarter a total of SCR 151, 000 worth of fixed penalties were served of which SCR 83, 000 was collected by the end of the year in question.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 08 Praslin Office Enforcement of Competition If on Mahe comprehensive work was done to Provisions ensure compliance with the provisions of the Competition enforcement remains as a crucial law, the Praslin office, despite having been part of the Commission’s mandate and in this met with challenges especially in terms of vein, for the year 2022, the department human resource, did its fair share to enforce investigated a total of 23 cases which is an the provisions of the FTA, 2022 and CPA, increase from 20 cases investigated in 2021.
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Out of the 23 cases investigated, 22 were initiated where 10 were initiated under the For the year 2022, the office received an FTA, 2022 and the rest under the FCA, 2009. amount of 14 consumer complaints compared to 10 in 2021.

Half of the complaints were The most prominent cases investigated were dealt with under the FTA, 2022 and the other merger cases received from the COMESA half under the CPA, 2010.

The shift in Competition Commission.


distribution on complaints reflects a similar pattern that has begun to emerge on Mahe.

In terms of enquiries and market research To note, there was a total of 9 service conducted, 4 and 2 of each were conducted complaints lodged in comparison to 5 goods respectively.

As a result of the work done by complaints lodged.


Previously in 2021, the the department, 2 opinion papers were majority of cases lodged were predominantly produced to provide guidance to Government goods complaints.

especially in the tourism and aviation sector.

An increase in both investigation and discontinuation of cases was also observed Prosecution, Tribunal and where 23 cases were investigated in 2022 Regulations compared to 15 in 2021 and 9 cases were discontinued compared to 7 in 2021.
Legal Department Whilst surveilling the market, 18 inspections Similar to other departments, the legal were conducted in contrast to 28 in 2021 and department who is tasked with the that can be attributed to a lack of human prosecution of cases, provided 24 advice for resource.
cases and vetted a number of 124 documents comprising of investigation reports, Nonetheless, 13 compliance notices were compliance notice among other documents served and 5 suppliers were found to be in which is a significant increase from 76 the breach of the FTA, 2022 thus liable to a fixed previous year.

penalty notice.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 09 With the phasing out of the Board of During the year 2022, the Commission was Commissioners (BOC) and Appeal Tribunal, actively engaged in collaborative work with the FTA, 2022 made provision for a Fair its partners or stakeholders in various sectors Trading tribunal to be created which was yet and industries.

While some engagement or to become operational in 2022.
It must be collaboration were as a result of direct mentioned though, that the rules for the Government intervention in the market, functioning of this tribunal are in its final others were outcomes of years of exchanges stages and is subject to be gazetted early in and relationship building.

This has the coming year.


Despite not being culminated in established partnerships that operational yet, but seeing that the FTA, 2022 will weather through various season of the has already provided for the tribunal, the economy in favour of better functioning Department has filed a total of 34 cases with markets and socio-economic welfare of the Tribunal.

This includes 23 Consumer consumers which is of paramount importance services cases, 1 Consumer Goods Case, and 10 to the Commission.
Market Surveillance cases.

This is in comparison to 17 cases filed in 2021.
The tri-partite collaboration between the Commission, the Seychelles Licensing It is important to highlight that despite its Authority and the Planning Authority phasing out, there were cases outstanding continued its interventions in respect of with the BOC and consequently in June 2022, recurrent respondents and other advocacy the BOC issued a ruling against Cable and actions for better service especially in the Wireless for a sum of SCR 800, 000 which construction industry.

was settled without any ado.


Concurrently, in other areas, a taskforce With the assistance of other departments, the established in 2020 comprising of legal department in conjunction with the representatives from the Seychelles Bureau of Attorney General’s office completed the Standards, Public Health Authority, review and drafting of the Fair Trading Act, Seychelles Licensing Authority (SLA), 2022.
The latter came accompanied with Seychelles Revenue Commission and the Fair several regulations such as the Fair Trading Trading Commission conducted 14 inspections product labelling & trade description, related to the pharmaceutical industry.

corporate policy, and prescribed forms.


Stake Holder Collaborative Work and Engagement On the Government level, as customary, the Commission undertook the yearly inspection with representatives from numerous Government bodies and this year the market sweep was named the VIII USALAMA operation.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 10 The Commission also became recipient of advocate the Competition and Consumer additional responsibilities through the provisions of the FTA, 2022.

Hence, during the Control of Supplies and Services (Maximum year in question the Commission has Retail Price on Articles Purchased from published a total of 217 content on social Seychelles Trading Company Limited) Order, media which is one of the platforms broadly 2022 along with SLA.
used by the Commission.

The content published the most were adverts.

Succeeding from the previous year, the Commission engaged with the Department of The Commission has also become engaged in Trade and finalized the consultancy for many other educational and advocacy experts under the EU, 11th EDF program for activities and they entailed appearances in the development of the competition and various TV and radio programs, outreach consumer aptitudes of the officers.
Through through presentations in various the engagement of Mr. Massimiliano Gangi organisations, newspaper articles and also in and simultaneously moving forward digitally a roadshow.
The effort channeled into the through the development of a software, the advocacy and education activities were of Commission will enable the officers to paramount importance to the Commission as become more efficient while providing for they established the very foundation upon increased transparency in the Commission’s which the various provisions of the new FTA, work in favour of the public.
These projects 2022 would be disseminated to all relevant will come to fruition in the year 2023. stakeholders and the general public as well.
Other regular annual programs such as the The partnership sought after by the World Consumer Rights Day, World Commission was not only limited to local Competition Day just to name a few also stakeholders but as a means of enhancing remained on the Commission’s agenda for the capacity building, developing better year 2022. investigative techniques and exchange of expertise & experiences, the Commission It is important to note that despite tools such concluded a Memorandum of Understanding as regulations and guidelines, education and with the Consumer and Competition advocacy remain the wide foot at the very Commission of Botswana in September 2022. base of a pyramid upon which all other actions of the Commission stand on.
Advocacy & Education The Commission regularly reaches out to an extensive variety of stakeholders which includes the general public, businesses, associations and Government to promote and F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 10 and fostering a dynamic work place where “teamwork divides the task and doubles the success” and the economy truly bears the benefits of competition for the socio- economic welfare of all its consumers.
Fostering a dynamic work place where " teamwork divides the task and doubles the success" In Conclusion As I wrap up this foreword, I am inclined to extend my sincere gratitude to our Minister, Mr. Naadir Hassan and our parent Ministry for all their support and assistance during a period where the economy was on the road to recovery.
To our stakeholders, both local and international, the collaboration and synergy has been invaluable towards a good number of decisive actions that would have otherwise been close to impossible should the Commission have proceeded on its own.

The Commission looks forward to another fruitful year ahead of partnerships and exchanges.

It is also only fitting to thank our EX-CEO, now Principal Secretary, Mr. Francis Lebon, for all his hard work and dedication which has brought the Commission this far.
Such commitment has been instrumental at the Commission and I have no doubt it will be a motivator in your new role.

Last but not least, I would like to take this opportunity to thank all of our staff for their hard work over another challenging year.

Their enthusiasm and dedication have stood out for me across the organisation and allowed us deliver real results for competition and consumer protection.
As we look forward into 2023, Result Based Management, Digitalisation and above all team work will lead the Commission and its staff to remain visionaries, goal achievers F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 11 SUPPORT DEPARTMENTS HUMAN RESOURCES & ADMINSTRATION Human Resources holds a great significance in the growth and overall development of the Commission whereas the Administration side focusses on the general financial aspects and Office Management.

With the introduction of the Fair Trading Act, 2022 in August of 2022, the team at the Commission has had to adjust and adapt to operations.
The Human Resource and Administration has been present, providing support and ensuring a smooth transition.

PAGE 12 S T A T I S T I C S - H U M A N R E S O U R C E S W O R K F O R C E At the end of 2022, the work force capacity of the Commission comprised of 29 employees, in seven different departments including the Praslin office.

Overall, the Commission in 2022 recorded an increase in its employee turnover rate, which stood at 30.30% compared to 3% in 2021.
A total of 9 employees resigned from the Commission.

Most resignations were recorded in the second half of the year from the various operations and support department, as well as at our Praslin Office.

In exit interviews, reasoning for resignations included: better career opportunities and salary packages.
As per the Commission’s recruitment procedure, all posts are advertised internally/externally with the aim of recruiting the right candidate that would embrace the core values and fit within the culture of the organization.

This ensures continuity and maintains performance levels at a high level.

A total of 5 employees were recruited in 2022 to fill in few of the vacant posts; Mr. Darius Padayachy, Administrative Officer, Support Department - April, 2022.
Ms. Hillary Pillay, Analyst, Praslin Office - June, 2022 Ms. Sylvie Sophola, Law Secretary, Support Department - June, 2022, Replacing Ms. Sharon Andimignon, Law Secretary, promoted to Senior Law Secretary, Legal Department.

Mr. Damien Ally, Senior Analyst, Praslin Office - December 2022.

Ms. Christine Lucas, Legal Officer, Legal Department - December 2022.
In gearing up to operate under the Fair Trading Act, 2022, the Commission made a few adjustments internally, where a new unit was created in March 2022 – The Education & Advocacy Unit comprising of an Education & Advocacy Officer, who was previously working as an Analyst in the Consumer Goods department.

In addition to the creation of the unit, a new post was created in the support department, to recruit a professional Driver.

This was undertaken in April of 2022.


The Chief Executive Officer of the Commission was promoted as Principal Secretary of Trade in September 2022.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 13 S T A T I S T I C S - H U M A N R E S O U R C E S W O R K F O R C E The below graph represents the breakdown of the number of employees at the end of 2022 at the Commission.
Staff Count per Department as at end of 2022 7 6 4 3 4 2 2 1 8 6 4 2 0 Goods Departm ent Services Departm ent Legal Affairs Departm ent Co m petition Departm ent M arket Surveillance Departm ent Education & Advocacy Secretariat Praslin Office T R A I N I N G Capacity building can be described as the strategies or actions that an organization takes to ensure that it has the resources needed to succeed.
These actions can include: resource development, financial management (diversification of funding sources), organizational learning, leadership development and other activities.

In other words, capacity building is any set of actions that an organization takes to improve its ability to perform successfully in its chosen area.

This year the team at the Commission was able to undertake various trainings internationally, locally, as well as virtually.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 14 S T A T I S T I C S - H U M A N R E S O U R C E S T R A I N I N G OVERSEAS MISSION The staff of the Commission were able to participate in overseas missions, virtual conferences or trainings held locally.

The Commission in 2022 was able to provide nine of its employees with the opportunity to attend trainings overseas.
Overseas Trainings undertaken were as follows: COMESA Regional Training Workshop, Ezulwini Eswatini (Former Swaziland) – June 2022 The workshop themed: Restrictive Business Practices and Merger Assessment aimed to provide our Analysts from the Competition Department with skilled knowledge and new approaches to Competition law and practices.

Internship training at the Competition and Consumer Authority in Gaborone, Botswana – August 2022.
Two staff of the Commission, Senior Analyst in the Market Surveillance Department and the Education and Advocacy Officer had the opportunity to complete a one-week internship at the Competition and consumer Authority in Gaborone, Botswana.

The team was able to gather and exchange knowledge with the Communications & Stakeholder relations and Investigations & Policy Research Departments.

Internship training at the Competition and Consumer Protection Commission (CCPC), Zambia – September 2022.
Two staff, based in the Consumer Goods and Consumer services departments respectively had the opportunity to attend a one-week internship where they were attached to the Consumer Department and were able to learn the process of complaint taking, and obtain a different insight of the investigation process.

Internship training at the Competition Commission of Mauritius - September and November 2022.
A staff from the Competition department of the Commission had the opportunity to attend a one- week internship where she was attached to the unit investigating cartels.

Another Staff from the Market Surveillance Department also had the opportunity to be attached to the Research Unit.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 15 S T A T I S T I C S - H U M A N R E S O U R C E S T R A I N I N G 4th COMESA Consumer Protection Meeting, held in Nairobi Kenya – October 2022.

A staff from the Market Surveillance department of the Commission had the opportunity to attend the 4th COMESA Consumer Protection meeting, held in Nairobi, Kenya.

The meeting provided a framework for enhancing, monitoring and reporting of cross border conducts against Consumers in member states.
LOCAL TRAININGS On a yearly basis, the Commission prepares its training plan with the aim of improving employee’s knowledge, skills, understanding, values, attitude, motivation and capability necessary to perform at their optimal.

The performance management appraisal system to be introduced in 2023, is to reward staff based on their performance.
Therefore, as means of contributing towards the boost in performance and reaping of results, the Commission, based upon recommendations made by managers and staff, has made it one of its priorities to ensure staff receives the recommended trainings.

The courses offered were as follows: Course 1: Media Training Course for Corporate Leadership and Communications by Mr. Patrick Muirhead.
A media Training course was provided to senior staff of the Commission with the aim of further empowering the team in delivering a clear, concise and compelling message to the general public.

Course 2: Workshop course on Mindset Change for Positive Transformation at the Guy Morel Institute Course 3: Executive Leadership Development Training at the Guy Morel Institute.
With an effort to strengthen the leader’s acumen and interpersonal skills to build effective teams that can successfully navigate challenges, the Commission sent 5 of its senior staff to attend the Executive Leadership Development course at ‘’The Guy Morel Institute’.

In addition to the courses undertaken by staff, a training session was held at the Attorney General’s Office facilitated by Mr. Muhammad Saley, in preparation for the enactment of the Fair Trading Act, 2022.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 16 S T A T I S T I C S - H U M A N R E S O U R C E S T R A I N I N G With the same aim, several internal trainings were also provided to staff.
The Commission’s Legal team conducted training sessions with the Operations Departments, in addition, the EU-EDF consultant Mr. Massimiliano Gangi provided training to each department on specific provisions to be addressed/enforced by their respective departments.
VIRTUAL TRAININGS In addition to the overseas and local trainings undertaken, the Staff of the Commission were also able to participate in various virtual trainings with organizations such as COMESA, ICPEN, African Dialogue, Office of Competition and Consumer Protection Poland (UOKIK), CUTS International and the CUTS Institute for Regulation & Competition (CIRC), Organizations for Economic Co-operation and development (OECD), European University Institute (EUI) and Overseas Development Institute (ODI).
Some of the focus of the various trainings were as follows: Restrictive business practices Competition Policy Merger Assessments Enforcement pathways Best practices in enforcing Pyramid Promotional Schemes.

E-commerce Consumer Safety and Environmental Claims.

C H A L L E N G E S Insufficient Budget for training and development.

The scheme of service has not been revised since 2018 and is not reflective of the Labor Market Conditions.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 17 S T A T I S T I C S - H U M A N R E S O U R C E S P L A N F O R N E X T Y E A R Preparation for Audit for 2020-2021.

Finalization of Movement of Offices.

One on one meetings with employees to boost employee engagement, team morale & Productivity.

Implementation of the Result Based Management Framework as per circular issued.

An earnest need to revise the scheme of Service to reflect the current work environment.
“People are an Organisations most valuable asset and the key to it's success.” — Dave Bookbinder F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 18 S T A T I S T I C S - A D M I N I S T R A T I O N A C H I E V E M E N T S The Administration Unit performs administrative functions necessary to support the Commission’s operations including accounting, purchasing, budgeting, procedural compliance, vehicle management, maintaining of office facilities and assets.

The unit managed to achieve its objectives for the year which included; Monthly reconciliations of fines and refunds.
Monthly reconciliation of fuel.

Fixed Asset verification.

Management of Creditors Listing.

Management of the stock of materials for daily operations.

Prompt banking of fines and refunds.

Finalization of the Fair Trading Commission Budget for the year 2023 - 2025.

Participate in 2020 and 2021 audit.

Procurement for Uniform for Legal Department.

Petty Cash verification in October and December 2022.

Finalization of the POU process for the purchase of a New vehicle to the FTC Fleet.
C H A L L E N G E S Delays at the Ministry of Finance for processing payments.

An additional staff is required to ensure continuity of process.

The Air-conditioning unit managed by the Seychelles Pension Fund required constant maintenance which disrupted working conditions.

Occasional errors with the Government accounting package known as TIS Application.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 19 S T A T I S T I C S - A D M I N I S T R A T I O N P L A N F O R N E X T Y E A R Managing the credit facility with interisland ferry.

Managing the credit facility with Air Seychelles.

Prompt banking of fines and refunds.

Evaluate the Furniture's condition throughout the Commission.

Overseeing the Completion of Car Procurement process.

“Transparency is the new Objectivity.” — David Weinburger F A I R T R A D I N G C O M M I S S I O N • W W W .
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 20 SUPPORT DEPARTMENTS INFORMATION TECHNOLOGY The IT Unit is responsible for the governance of the and computer network maintenance of infrastructure and ensuring the smooth functionality of the Commission.

installation system, THE THREE MAJOR IT FUNCTIONS to the refers implementation of Governance operational parameters for working units and individuals' use of IT systems, architecture, and networks.
Infrastructure refers to the hardware components, the network, the circuitry, and all other equipment necessary to make an IT system function according to the established needs and system "size" of FTC.

Functionality is perhaps the most apparent task performed by the IT Unit.

It refers to creating and maintaining operational applications; developing, securing, and storing electronic data that belongs to FTC; and assisting in the use of software and data management to all functional areas of FTC.
PAGE 21 S T A T I S T I C S - I T A C H I E V E M E N T S As part of the task, the Unit liaise with the Department of Communication Technology from time to time on emerging IT issues.

The unit managed to achieve its objectives for the year as are detailed below; Objectives Evaluation Configuration of access to WIFI in the Board room and meeting room.

Provide staff with access to multiple printers to ensure continuity in the event that a printer is not functioning.

The process was completed.


The Process was completed.

FTC Database Market Surveillance Software is being completed, training & Testing is being undertaken.

Fixed Asset IT Register Performed twice a year.

Verification of the list will be performed in June 2023 and October 2023.

New Assets being updated weekly.

Replacement of Personal Computers that were not functioning well.

Installation of VPN for remote access when staff are working from home.
Zoom License Installation of Cashier Module Purchase of Tablet for the Purpose of Complaint taking Process Completed.

Process Completed.

Process Completed.

Completed.

Completed Re-organization of Printers To be completed, as per movement of offices.

CWS dongles to facilitate online training after working hours.

Completed.

Setting up of Database link Completed Kaspersky License Installation New License Acquired, installation ongoing.

Adobe Sotfware Completed.


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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 22 S T A T I S T I C S - I T C O N S T R A I N T S The main challenge remains financial resources.

A lot of the projects come at a financial cost and being a small organization, the Commission is restricted as to how many projects it can implement at one time.

An additional staff is required to ensure continuity of process in the IT Department.
P L A N F O R N E X T Y E A R Replacement of Computer to Laptops to allow for staff to work remotely.

Renewal of Kaspersky License on all Devices.

Re-Organization of Printers/Internet Access as per Office Movements.

Ongoing Update of Fixed Asset I.T Register.

New Database Integration.

Backup Hard Disk/ Scanner for Market Surveillance Department.

Access to Government Websites.

New Server to be used.

Re-Organization of Work Folders (server) as per Division.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 23 SUPPORT DEPARTMENTS LEGAL AFFAIRS DEPARTMENT support The Legal Affairs Department plays a significant role in the function of the Commission by providing legal services to the Commission to protect its interests, promote its compliance with the rule of law and ensure due process & procedural fairness.
Advice provided to the Commission are both oral and written on various legal issues relating to the interpretation and application of the laws administered by the Commission.
operations, PAGE 24 LET US LOOK AT THE NUMBERS Staff Count Vetting Legal Advice Non- Compliance Cases Before the Tribunal 3 124 27 16 34 PAGE 25 S T A T I S T I C S - L E G A L A F F A I R S D E P A R T M E N T V E T T I N G During the year 2022, 124 documents were vetted by the Legal Affairs Department, this includes investigation reports, compliance notices, Non-compliance statement for the Commercial Crime Unit Statements and letters.
This represents a 63.2% increase from 76 documents vetted in the previous year.

The increase could be attributed to the lifting of Covid- 19 restrictions where inspections and site visits were able to be conducted as per usual.

VETTING OF CASES IN 2022, IN COMPARISON TO 2021 2021 2022 76 Vetting 0 25 50 75 100 124 125 L E G A L A D V I C E One of the Department’s main functions is to provide legal advice to the Commission on any legal issues which may arise.

This is done both verbally and in writing.


Legal advice provided by the Department increased by 92.9% from 14 in 2021 to 27 in 2022.

The significant increase is a reflection of several request for legal advice from staff of the Commission upon the coming into force of the new Fair Trading Act, 2022, specifically in terms of application and interpretation.

LEGAL ADVICE IN 2022, IN COMPARISON TO 2021 2021 2022 14 Legal Advice 0 10 20 27 30 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 26 S T A T I S T I C S - L E G A L A F F A I R S D E P A R T M E N T N O N - C O M P L I A N C E Failure to comply with an order, direction or undertaking of the Commission constitutes an offence.

The department works closely with the Commercial Crime Unit and the Attorney General’s Office with the aim of ensuring compliance with Compliance Notices, undertakings and orders or directions given by the Commission or Tribunal.
Cases of non-compliance are submitted to the Commercial Crime Unit of the Seychelles Police for prosecution.

In the year 2022, 16 cases were forwarded to the Commercial Crime Unit for failure to comply with orders or direction given compared to 20 cases in 2021, representing a decrease of 20%.

This decrease was expected, due to the new Act coming into force which constitutes new enforcement powers.
For instance, Fixed Penalties are now being used as an enforcement tool to deal with Unfair trade Practices instead of compliance notices.

Failure to comply with the fixed penalty notices will result in the case being prosecuted by the department for the prohibited conduct instead of forwarding the case to the Commercial Crime Unit and hereafter the Attorney General’s Office as was the case with Compliance notices.
Furthermore, instead of forwarding cases of breach of order to the Commercial Crime Unit, as per the FTA, 2022 the Department may apply for enforcement of the order by following the procedure laid out under the Seychelles Code of Civil Procedure.

NON-COMPLIANCE IN 2022, IN COMPARISON TO 2021 2021 2022 Non - Compliance 20 16 0 5 10 15 20 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 27 S T A T I S T I C S - The Legal Affairs Department also undertakes prosecution of cases.

This involves the preparation, filing and presentation of cases.

The Board of Commissioners, before which cases were being filed and presented prior to the enactment of the Fair Trading Act, 2022, was dissolved in November 2021.
The Fair Trading Act, 2022 came into force during the second semester and with it came the establishment of the Fair Trading Tribunal.

The Tribunal is independent from the Commission and falls directly under the purview of the Judiciary of Seychelles.

The Tribunal is not operational yet given that it is working on necessary procedures to ensure the smooth hearing of cases filed by the Commission.
Preparation of cases to commence proceedings before the Board of Commissioners included the drafting of a Notice of Complaint.

This is the equivalent of a plaint.

Through the Notice of Complaint, the material facts of the case were briefly laid out, breach of the applicable section and the relief being sought.

Upon filing of the case, a date for mention was set and hearing date(s) set for the case to be heard.

Both parties were summoned to appear for the mention and hearings.
The procedure regulating hearings before the Board of Commissioners was mostly subject to the Seychelles Code of Civil Procedure.

Nevertheless, the Department has filed a total of 34 cases with the BOC/Tribunal, this includes 23 Consumer services cases, 1 Consumer Goods Case, and 10 Market Surveillance cases.

This is an increase of 100% in comparison to 17 cases filed in 2021.
CASES FILED BEFORE THE TRIBUNAL IN 2022, IN COMPARISON TO 2021 BOC/Tribunal 2021 2022 17 34 0 10 20 30 40 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 28 S T A T I S T I C S - Under the Fair Trading Act, 2022, the Chief Justice has the power to make rules for the purpose of regulating the practice and procedure of the Tribunal.
This includes the procedures for commencing proceedings before the Tribunal.

Such rules are being finalized and will bring about changes in the way cases are prepared, filed and prosecuted by the Commission.

For instance, instead of the Notice of Complaint to file the case, an application shall now be prepared with an attached affidavit of facts.
T R A I N I N G It is the duty of the Department to ensure that the Operations Departments have a clear understanding of the FTC laws whilst interpreting and applying it.

The Department therefore conducts or organize trainings when the need arises.

During the year 2022, the Department organized 1 training session with the Consumer Goods Department and another training session was organized with an external consultant, focusing on Competition.
The training session with the Consumer Goods Department focused on two areas; 1.

How to differentiate a site visit report from a Goods verification report.

2.

How to ensure objectivity when discussing a case during investigation to ensure that the independence of both departments during investigation and prosecution is safeguarded.

As for the Competition training, the consultant provided a presentation on the proper implementation of Competition Policy and Competition enforcement.
With the Tribunal commencing operations soon, the Legal Department believes that it will be more than able to assist the Commission with identifying specific training needs in terms of case presentation.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 29 S T A T I S T I C S - The Department had filed 34 cases in the year 2022, however in addition to other cases filed, a total of 70 cases filed were all awaiting mention dates.

Parties to the case, especially complainants are frustrated as they are in need of a remedy.
P L A N F O R N E X T Y E A R To schedule more internal/external trainings The department plans to have more practice on case presentations.

This will be done through moot court presentation within the department in the presence of the Legal Retainer.

The Department shall also be archiving more files to create more room.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 30 OPERATION DEPARTMENTS COMPETITION DEPARTMENT The functions of the Competition Department are to promote competition and enforce the Fair Trading Act, 2022.

They are tasked with advising the Government of the best international and adaptable local practices in the promotion of a competitive culture for the benefit of the economy and the consumers.
The Department investigates, assesses and monitors anti- competitive business practices that have the effect of prevention, restriction, and distortion of competition.

They also conduct evaluation of Mergers be it locally or including proposed COMESA Competition regionally Commission Merger transactions.

They conduct market research and surveys to understand the pattern of activities in the market such as pricing and other trading patterns.
Furthermore, they promote competition through publication and dissemination of adverts and posters.
PAGE 31 LET US LOOK AT THE NUMBERS Staff Count Investigations Inquiries Market Research & Survey Opinion Paper 2 23 4 2 2 2 PAGE 32 S T A T I S T I C S - In the year 2022, the Competition Department investigated 23 cases, the statistics show that this is a 15% increase in cases under investigation compared to 2021 whereby 20 cases were investigated.
Out of the 23 cases that were investigated, 1 case was carried over from 2021 whilst 22 cases were initiated in 2022.

It is to be noted that 10 of the cases investigated were lodged under the FTA, 2022.

In 2021, 4 cases were brought forward from 2020, whilst 16 cases were initiated.

This represents a decrease of 75% of cases brought forward in 2022 compared to 2021.
NUMBER OF INVESTIGATIONS INITIATED IN 2022 IN COMPARISON TO 2021 25 20 15 10 5 0 15 21 2021 2022 0 0 1 1 Merger Abuse of Dominance Anti-competitive Agreements A total of 21 competition cases that were investigated were COMESA Competition Commission Merger notifications which remain the most prominent cases investigated by the Department, similar to 2021.

However, compared to last year, an increase of 40% could be observed in the number of cases investigated.
In 2022, similar to 2021, only one case of Anti-Competitive Agreement was recorded and that was a Retail Price Maintenance case.

No case of Abuse of Dominance was investigated in 2022, this is a similar pattern to 2021.

The Department still places high importance on Abuse of Dominance and monitors the market for this malpractice.

At the end of the year, 3 cases remained active whereas in 2021, 1 case remained active.
On the 28th June 2022, the Board of Commissioners (“BOC”) delivered a ruling and found Cable & Wireless (Seychelles) Ltd to have contravened Section 11(1) of the Fair Competition Act 2009, in the matter involving the Fair Trading’s investigation into an alleged agreement to fix international termination rates.

The BOC, according to section 46 (1) of the Act, imposed a financial penalty of SCR 800,000 on Cable & Wireless (Seychelles) Ltd. F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 33 S T A T I S T I C S - STATUS OF CASES AS AT END OF 2022 IN COMPARISON TO 2021 2021 Active 1 2022 Active 3 Discontinued 19 Discontinued 20 I N Q U I R I E S In 2022, the Department considered 4 inquiries in comparison to 8 in 2021, representing a 50% decrease.
The inquiries were related to different sectors of the economy from Aviation, Retail, Long Line Industrial Fishing, and Ship Lining.

To note, in 2022, priority was given to resolving cases initiated, so that the focus could be to take on new inquiries, by enforcing the Fair Trading Act, 2022.

NUMBER OF INQUIRIES IN 2022, IN COMPARISON TO 2021 2021 2022 Inquiries 0 2 4 6 8 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 34 S T A T I S T I C S - The Competition Department continued two Market Research in 2022, the value chain analysis and resale price maintenance as detailed below; Value Chain Analysis - Wholesale/Retail Sector The value chain analysis was initiated in 2021 to examine the cost, supply chain and selling prices of certain commodities.
This market study focuses on the product’s path from the importation stage until it reaches the shelves of retail outlets.

The data collected was to be used to detect any anti- competitive issues in the sector.

The analysis which continued in the early months of 2022, where the department was liaising with the National Bureau of Statistics to obtain key information that were valuable to complete the research was unfortunately terminated in the first semester of 2022.
This was in view that the Central Bank of Seychelles has conducted a similar Analysis.

Therefore, resources were shifted to other priority matters.

RPM Campaign - Meat Packaging This year the Competition Department initiated the second phase of the RPM Campaign in conjunction with the Praslin Office to identify the Suppliers/manufacturers in the aforementioned sector that are potentially engaging in resale price maintenance.
The department was concerned that these suppliers/ manufacturers, without consulting retailers, were setting the retail price of the products by supplying retailers with products that already had a printed retail price on them.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 35 S T A T I S T I C S - Opinion papers usually provide an opinion on a specific matter or concern that presents arguments, reasons or viewpoints that are supported by evidence.

In order to deter unfair business practices and provide guidance to the Government based on evidence in terms of data collected and analyzed, 2 opinion papers were drafted in 2022, similar to records of 2021.
The two opinion papers relate to Aviation and Rental Pool Management in the tourism Sector.

Aviation The Competition Department submitted a paper to the Minister of Finance, National Planning and Trade on the Competition concerns identified in the sector and recommended that a feasibility study be carried out concerning the matter.

Rental Pool Management An enquiry was lodged in 2021 into an alleged unfair trading practice in the tourism sector concerning rental pool management.
Upon completion of the investigation the Ministry of Finance, Economic Planning, and Trade was communicated the findings.

It was recommended for a revision to be undertaken in the regulations relating to the licensing of rental pool management companies in view that certain ambiguities were observed relating to the licensing and operation of a rental pool management business.
Consequently, to the recommendations received, the Competition department undertook further investigation and a meeting was held with the secretary of state for Finance in April 2022 concerning the findings of the inquiry.

A D V O C A C Y A N D E D U C A T I O N As part of its internal collaborative work, the Competition Department normally assists the Education & Advocacy unit with educational materials on competition and the competition provisions in the Fair Trading Act 2022.
In the year 2022, the Department contributed to several competition adverts that were uploaded on the Commission’s social media platforms.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 36 S T A T I S T I C S - C O M P E T I T I O N D E P A R T M E N T Amongst the contributions made, the Competition Department also had the opportunity of delivering a presentation to the Seychelles Pension Fund representatives on competition provisions and bid rigging in the Procurement sector.

The presentation also covered tips and guidelines for bid rigging detection.
Moreover, in commemoration of World Competition Day, the Department drafted a Press Release and provided questions for the radio games that were scheduled for December 2022.

Also, as part of its annual outreach activities, a roadshow that was organized on Praslin, saw the participation of a competition analyst who provided information concerning the competition provisions in the FTA, 2022.
T R A I N I N G A N D M E E T I N G S COMESA Virtual Training on Restrictive Business Practices on 25 January 2022 The training provided an overview of the techniques used to investigate competition cases and the use of search warrants, commonly referred to as dawn raids.

EPA & Trade Training on Competition Policy on the 16th March 2022.

In this training, the consultant provided a presentation on the proper implementation of competition policy and competition enforcement.
ESA5 Preparatory Meeting - before Intersession and 8th Round on the 12th May 2022 The Competition Department attended a preparatory meeting concerning the EU/ESA Competition Policy.

EU-ESA Competition Policy Intersession on the 16th May 2022.

In this session representatives in attendance reviewed the proposed texts for the Competition Policy that had been drafted.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 37 S T A T I S T I C S - Special African Competition Forum Meeting on the 18th of May 2022.

The forum focused primarily on the African Continental Free Trade Area’s (AfCFTA) Competition Protocol, which is currently undergoing development.
COMESA Virtual Training on Restrictive Business Practices from the 23rd -26th May 2022 In this training, participants learned more about the different interview techniques and procedures for Dawn raids.

Arab Competition Forum in May 2022 During the forum competition authorities, government officials, experts, and academics, both from within and outside the region had to opportunity to discuss the different lessons learned to build sound competition policies given the various competition challenges faced.
COMESA workshop on Restrictive Business Practices from the 27th - 28th June 2022 The workshop focused on investigative and evidence-gathering techniques for case handlers.

COMESA workshop on Merger 29-30 June 2022 The workshop focused on the economic theories on the effects of mergers, analytical skills, and the history and development of mergers in digital markets.
ACF-AfCFTA Competition Policy Protocol in August 2022 In August 2022, the Department attended a virtual meeting concerning the Competition Policy Protocol for AfCFTA.

Representatives of different States in Africa were in attendance to discuss the way forward regarding the Competition Policy Protocol as it is a central element in promoting trade, supporting industrialization, innovation, sustainable economic development and enhancing the overall welfare of the people.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 38 S T A T I S T I C S - Local Training With EU-EDF Consultant, Mr. Massimiliano Gangi, on Competition in August 2022 Mr. Gangi provided training concerning the basic concepts of competition law and policy.
The Department also had the opportunity to discuss it challenges with respect to competition investigation in Seychelles.

5 Days Attachment at the Competition Commission of Mauritius in September 2022.

The Competition Commission of Mauritius (“CCM”) is a statutory body established in 2009 to enforce the Competition Act 2007.CCM.

Similar to the Commission, it is mandated to investigate and assess restrictive business practices.
In September 2022, the Head of the Competition Department had the opportunity to spend five days in the unit relating to cartel investigations.

Webinar Facilitated by Trade Division in collaboration with EU in October 2022.

In line with the EU-ESA Negotiations, EU representative in conjunction with the Seychelles Trade Division provided training pertaining to competition matters.

Local Training With EU-EDF Consultant , Mr. Gangi, on relevant market in October 2022.
In October 2022, Mr. Gangi provided training concerning the key element in establishing the relevant market for investigation.

Mr. Gangi also provided examples from other jurisdictions.

10th Round of ESA5 - EU virtual meetings in December 2021.

In this session the representatives in attendance reviewed the proposed texts for the Competition Policy that has been drafted.

Local Training With EU-EDF Consultant, Mr. Gangi, on Restrictive Business Practices in December 2022.
In December 2022, Mr. Gangi provided training concerning restrictive business practices.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 39 S T A T I S T I C S - Lack of information or response from certain stakeholders concerning matters that have been referred to them.
Certain businesses are still unaware of the role of the Commission and the Competition Provisions stipulated under the Fair Trading Act, 2022.

P L A N F O R N E X T Y E A R Increase advocacy activities to promote and advance the understanding of businesses on the role of the Commission and competition.

Liaise with relevant stakeholders to increase understanding of the new competition provisions.

Assist the Consumer Departments with World Consumer Rights Day activties.
Scan and archive all the case initiated under the Fair Competition Act, 2009.

Upload website reports on the Commission's Website.

Provide additional training for analyst on the new competition provisions.

Scanning and archiving of case files completed in 2021.

Initiate a market inquiry in the retail sector Revise the Competition Standard Operating Procedure (SOP) to account for changes in procedures.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 40 OPERATION DEPARTMENTS MARKET SURVEILLANCE DEPARTMENT The Market Surveillance Department (MS) role is to perform the Commission’s mandate in monitoring the market to ensure that commercial practices that may adversely or unfairly affect consumers and businesses are prevented or terminated.
As part of its duties the department monitors the market for conduct any commercial practices, unfair investigations into commercial practices that may interest of consumers or adversely affect the businesses, liaise with sectoral regulators and other relevant agencies in matters of common interest, conduct recommendations research, present findings and make the for relevant bodies to advancement of the mandate of the Commission.
PAGE 41 LET US LOOK AT THE NUMBERS Staff Count Investigations Inspections Compliance Notices Compliance Certificates Non-Compliance Fixed Penalties Issued Cases recommended for Tribunal 4 45 93 60 56 7 16 6 PAGE 42 S T A T I S T I C S - M S D E P A R T M E N T T I P - O F F S In view of the transition from the Fair Trading Commission’s Act, (2009) and the Consumer Protection Act, 2010, (CPA, 2010) to the Fair Trading Act, 2022, (FTA, 2022), analysis provided pertains to both provisions.
The Fair Trading Commission (the Commission) is empowered under Section 6 (2) (b) of the FTA, 2022, to carry out inspections or investigations into the conduct of enterprises as it may consider necessary to detect and prevent prohibited conduct.

Investigations and Inspections may originate from Tip-off’s, may be referred to MS by other Departments or Authorities, or may be initiated by the Commission.

In 2022 a total of 65 Tip offs were registered at the Commission in comparison to 61 in 2021.
This represents an increase of 6.66%.

Whilst the increase shows that complainants are using the available platforms to Tip-off the Commission, more education has to be done in relation to the following; where to provide Tip- offs, how to provide a Tip-off and what is required to enable the Commission to take up the matter.

COMPARISION IN NUMBER OF TIP-OFF RECORDED IN 2022 IN COMPARISION TO 2021.

2021 2022 Tip-Off's 61 65 0 25 50 75 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 43 S T A T I S T I C S - M S D E P A R T M E N T I N S P E C T I O N S In accordance with the FTA, 2022, Inspections are undertaken at different business premises to detect and prevent prohibited conducts.

A total of 93 inspections were conducted at various business premises (retails shops, wholesale warehouse and pharmacies) on Mahe in comparison to 59 in 2021.
This represents a 57.6% increase, which is attributed to a change from conducting targeted inspections, meaning inspections that are specific to the nature of Tip Off’s e.g.

: verification of sales record, to general inspections where all provisions that may be covered on inspections are verified.

This enables the department to make better use of resources and ensure compliance to all the provisions.

INSPECTIONS CARRIED OUT IN 2022 IN COMPARISION TO 2021.
2021 2022 59 Inspections 93 0 25 50 75 100 To state further, out of the 93 inspections conducted, 27 were undertaken under the FTA, 2022, whilst the remaining was undertaken under the CPA, 2010 and FTCA, 2009.

In 2022, from the 93 inspections conducted, 25.81% (24) businesses were found to be in compliance and therefore required no further investigations, whilst 74.19% (69) were found to be in breach of the CPA 2010 or the FTA, 2022.
In comparison, in 2021, 37.29% (22) business required no further investigation, whilst 62.71% (37) were found to be in breach of the CPA 2010.

This shows an increase of 86.5% in the businesses found to not be in compliance of the CPA 2010 or the FTA, 2022.

Of the amount in 2022, of cases found to be in breach of the CPA 2010 or FTA,2022, 44.93% (31) businesses inspected were found to be in breach of at least one provision, in comparison to 70.27% (26) in 2021.
The remaining 55.07% (38) were found to be in breach of several provisions, in comparison to 29.72% (11) in 2021.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 44 S T A T I S T I C S - M S D E P A R T M E N T I N S P E C T I O N S BREACH PATTERNS IN 2022 IN COMPARISON TO 2021 2021 2022 Mixed Breaches 11 38 One Provision breached No Breach 26 31 22 24 0 10 20 30 40 For 2022, the most prominent breach was Section 24 of the CPA 2010 which was in relation to selling expired goods (33), and its equivalent, Section 76 of the FTA, 2022 which relates to selling goods past their shelf-life (15).
Under the CPA 2010, provisions also breached were, section 19 – supplying goods with information not in one of the national language (22), and its equivalent section 74 of the FTA, 2022 which relates to supplying goods with information not in English, French or creole (13), Section 20 – non disclosure of prices (10), and its equivalent Section 72 of the FTA, 2022 which relates to Non- disclosure of prices (11), section 21 – selling above displayed price (1), section 22 – supplying goods with altered labels (1), Section 25 – non provision of receipt or receipt not as stipulated by law (17),and its equivalent section 77 – not providing a sales record or sales record failing to meet the requirements of the law (3), and section 50 – supplying unsafe goods (9).
Additionally, 16 businesses were also found to be selling goods past the best before dates.

Prior to the enactment of the FTA,2022, these were referred to the Public Health Authority.

Whereas in 2021, Breach of Section 20 (17) was the most prominent breach observed.

The issue of concern in regards to Section 20 is where goods are observed for sale without a price displayed in relation to them.

13 Businesses were also found to be in breach of Section 19 – Information not in plain language.
The Department observed an increase in breach of Section 19 during the second part of the year which was attributed mainly to a number of pharmacies that were importing goods from a specific country that was not providing labels in any of our national languages.

This issue was addressed with the Public Health Authority and also the pharmacies, which were followed through with compliance.
Other breaches included; Section 21- Dual pricing (4), Section 24 – Expired goods (5), Section 25 - Non-provision of receipt or receipt not in line with the requirements of the law (5), Section 50 – Consumer Safety concern (6).

Additionally, 5 businesses were also found to be selling goods past the best before dates.

These were referred to the Public Health Authority.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 45 S T A T I S T I C S - M S D E P A R T M E N T I N S P E C T I O N S PROVISIONS BREACHED UNDER THE CPA 2010 IN 2022 IN COMPARISON TO 2021.
40 30 22 17 20 13 10 0 2021 2022 33 10 4 1 1 5 5 17 16 9 6 5 S ectio n 19 S ectio n 2 0 S ectio n 21 S ectio n 2 2 S ectio n 2 4 S ectio n 2 5 S ectio n 5 0 F o o d A ct 15 10 5 0 PROVISIONS BREACHED UNDER THE FTA, 2022 IN 2022 2021 2022 15 13 11 0 0 0 0 Section 72 Section 74 Section 76 Section 77 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T 3 PAGE 46 S T A T I S T I C S - M S D E P A R T M E N T I N V E S T I G A T I O N S 45 cases investigated by the Department did not involve inspections, this is a 32.4% increase in cases in comparison to 2021 where 34 cases were investigated.

Of the cases, (35.55%) 16 cases were carried over from previous years, 2019 (1), 2020 (6), 2021 (9), and 64.44% (29) were new cases initiated in 2022.
In comparison, in 2021, 41.18% (14) cases were carried over from 2020 and 58.8% (20) were new cases.

During 2022, Section 19 – Information not in plain language accounted for 18 cases under the CPA 2010, and 7 cases under Section 74 of the FTA, 2022 were the most prominent provisions investigated.
These two provisions relate to the supply of goods that lack information on labelling in one of the national languages and the respondents were the wholesalers that were identified as the suppliers of such goods.

In view of the introduction of the Fixed Penalty fines that apply to both retailers and wholesalers, the department is anticipating a reduction in such occurrence in 2023 onwards.
Other Investigations under the CPA 2010 were in relation to Section 21 – Selling above displayed price (2), Section 30 – Misleading conduct (10), Section 32 – False representation (1), Section 33 – (1), Section 34 – Inequitable conduct (2) and Section 37 – Pyramid Selling Scheme (2).

Other investigations under the FTA, 2022 were Section 63 – Unfair contract terms (1), and Section 85 – Misleading conduct (1).
In comparison to 2021, Misleading conduct remained the most prominent provision investigated, accounting for 47.5% (16) of cases.
Investigations were in relation to Section 14– Unfair contract terms (1), Section 19 – Information not in plain language (8), Section 20 – Non-disclosure of prices (1), Section 21 – Dual pricing (2), Section 25 – Sales Record of Transaction (1), Section 32 – False representation (2), Section 33 – Inequitable conduct (1), Section 34 – Inequitable conduct (2) and Section 37 – Pyramid selling scheme (1).One business breached two provisions, Section 30 and 32 therefore the total count of provisions investigated amounts to 35 instead of 34 number of cases investigated.
PROVISIONS INVESTIGATED UNDER THE CPA 2010 IN 2022 IN COMPARISION TO 2021.

18 8 2021 2022 16 10 1 0 1 0 2 2 1 0 2 1 1 1 2 2 2 1 20 15 10 5 0 S ectio n 14 S ectio n 19 S ectio n 2 0 S ectio n 21 S ectio n 2 5 S ectio n 3 0 S ectio n 32 S ectio n 33 S ectio n 34 S ectio n 37 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 47 S T A T I S T I C S - M S D E P A R T M E N T I N V E S T I G A T I O N S PROVISIONS INVESTIGATED UNDER THE FTA, 2022 IN 2022 IN COMPARISON TO 2021.

8 6 4 2 0 2021 2022 7 1 0 0 1 0 Section 63 Section 74 Section 85 At the end of the year, 12 (26.7%) cases remained active, of which; 8 (17.8%) were still being investigated, 1 (2.2%) was submitted to the Legal Department for review before filing at the Tribunal and 3 (6.7%) were under monitoring[1].
30 (66.7%) investigations were discontinued; 1 (2.2%) from 2020, 2 (4.4%) from 2021 and 27 (60%) from 2022, all of which have resulted in compliance by the respondents.

2 (4.4%) cases were forwarded to the Legal Department for Submission to the Commercial Crime Unit.

1 (2.2%) case was approved for Tribunal Hearing.


In comparison, during the same period in 2021, 18 (66.7%) cases remained active of which; 1 (5.6%) was still under investigation, 2 (11.1%) were in preparation for submission to the Legal department for Tribunal hearing, 12 (66.7%) were under monitoring*, 2 (11.1%) decisions were appealed and 1 (5.6%) was being prepared to be sent to Legal for non-compliance.
9 cases were discontinued (33.3%), 2 (22.2%) from 2020, 6 (66.6%) from the first semester and 1 (11.1%) from the second semester of 2021.

All cases discontinued resulted in compliance/undertaking by the respondents.

The result shows an 233.3% increase in discontinued cases, and hence a 33.3% decrease in active cases at the end of 2022.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 48 S T A T I S T I C S - M S D E P A R T M E N T I N V E S T I G A T I O N S STATUS OF CASES AS AT END OF 2022 IN COMPARISION TO 2021.

2021 Discontinued 16 Active 12 Active 18 2022 Discontinued 30 E N Q U I R I E S 16 enquiries were handled by the Department in various sectors such as, Retail (7), Wholesale (5), Telecommunication (1), Financial (2), and Car dealership (1), all of which have been resolved.
This represents a 30.43% decrease, from 23 enquiries recorded in 2021.

The decrease is attributed to a reduction in complaints/queries of such nature in 2022.

NUMBER OF ENQUIRIES HANDLED IN 2022 IN COMPARISION TO 2021.

Enquiries 2021 2022 23 16 0 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 49 S T A T I S T I C S - M S D E P A R T M E N T C O M P L I A N C E COMPLIANCE NOTICES In accordance with Section 119 (1) of the FTA, 2022 and previously Section 72 (1) of the CPA, 2010, where the Commission has reasonable grounds to believe that a person has engaged in a prohibited conduct, the Commission may issue a compliance notice in the prescribed form, to the person.

During 2022, a total of 60 compliance notices were issued compared to 49 in 2021.
This represents a 22.4% increase, a difference partly attributed to an increase in inspections in 2022, as a result of the relaxation of Government restrictions.

Out of the 60 notices, (36) were served on retailers, (13) on wholesalers, (9) on pharmacies, (1) food outlet and (1) bottling plant.
COMPLIANCE NOTICES ISSUED IN 2022 IN COMPARISON TO 2020 2021 2022 Compliance Notices 0 20 40 49 60 60 COMPLIANCE VISITS In order to verify that the requirements of the compliance notice served have been satisfied, 48 compliance visits were conducted, out of this number, 47 were conducted under the previous act, CPA 2010 and 1 under the FTA, 2022.

During 2021, a total of 61 compliance visits were undertaken, representing a 21.31% decrease.
Despite an increase in compliance notices issued, the decrease in compliance visits is attributed to the fact that they were not yet due for follow up – visit at the end of the reporting period.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 50 S T A T I S T I C S - M S D E P A R T M E N T C O M P L I A N C E COMPLIANCE VISITS CONDUCTED IN 2022 IN COMPARISON TO 2020 2021 2022 Compliance Visits 0 25 COMPLIANCE CERTIFICATES 61 75 48 50 Where the requirements of the Compliance notice served have been satisfied a compliance certificate is issued.
A total of 56 compliance certificates were issued in 2022, where a total of 55 certificates were issued under the CPA 2010 and 1 was issued under the FTA, 2022.

In comparison to 2021, a total of 59 certificates were issued, representing a percentage decrease of 5.08%.

The decrease observed is directly attributed to the lower number of compliance visits undertaken in 2022.
COMPLIANCE CERTIFICATES ISSUED IN 2022 IN COMPARISON TO 2021 2021 2022 0 20 40 59 56 60 Compliance Certificates NON-COMPLIANCE Proceedings may be instituted against the enterprise or person to whom a notice is issued and who fails to comply.

Such cases are sent to the Legal Affairs Department who in turn forward them to the Commercial Crime Unit (CCU) for prosecution by the Attorney General’s Office.

The Department recorded 7 cases of non-compliance this semester in comparison to 3, in 2021.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 51 S T A T I S T I C S - M S D E P A R T M E N T C O M P L I A N C E NON-COMPLIANCE IN 2022 IN COMPARISON TO 2021 2021 2022 3 Non-compliance 7 0 2 4 6 8 F I X E D P E N A L T Y N O T I C E S In accordance with Section 41 (2) of the FTA, 2022, where the Commission, during investigation of a complaint or on search or inspection of any premises of an enterprise, has reason to believe that the enterprise or any person has committed a prohibited conduct in respect of sections 72, 73, 74, 76 or 77, the Commission may issue that enterprise or person a fixed penalty notice.
The Latter offers the enterprise or person an opportunity to discharge their liability to pay the financial penalty under this Act on payment of a fixed penalty of such sum as prescribed in the Regulations.

During the second half of the year, from October to December, 16 Fixed Penalty Notices were issued.

14 were issued on retailers and 2 on wholesalers.

The fines issued amounted to SCR151,000.


Of the amount, 2 retailers (Fines totalling to SCR38,500) appealed for review of the notice to the Fair Trading Tribunal.

A total of SCR 83,000 was settled, all of which within the indicated period, and the respondents were served with Payment Certificates.

The remaining balance was not due by the end of this reporting period.

To note, in 2021, the Board of Commissioners delivered rulings worth SCR155,000 against retailers.
The result over these three months shows the added importance that the introduction of Fixed Penalty Fines has as an enforcement tool.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 52 S T A T I S T I C S - During 2022, 6 cases were recommended by the Department for hearing before the Tribunal whilst in 2021, 3 cases were recommended for BOC hearing representing a 100% increase.
CASES RECOMMENDED FOR TRIBUNAL IN 2021 IN COMPARISON TO 2020 2021 2022 3 Tribunal hearings In October 2022, the Commission was designated under the Control of supplies order, 2022, alongside the Seychelles Licensing Authority (SLA) to enforce the order.

The Commission met with SLA to discuss on operating procedures and enforcement actions.
The Inspections forms, Compounding letters, Compounding Agreement and Standard Operating procedures were drafted.

An excel sheet for collecting statistics was also developed by the Department.

In view of the Department’s experience, the Commission led all the inspections, drafted reports, followed up with enforcement and collected fines during this reporting period.
INSPECTIONS A total of 68 inspections were jointly conducted during this reporting period, 15 of which were Tip- Off’s while the remaining were routine inspections.

From the 2nd to 4th of November, routine inspections were conducted in 62 retail premises to verify compliance to the order.

The remaining 6 were Tip Off’s conducted in the month of December.

A total of 20 retail premises across all four regions on Mahe were found in breach of the MRP Order.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 53 S T A T I S T I C S - ITEMS OBSERVED BEING SOLD ABOVE MRP Items observed being sold at a price higher than the MRP 14 3 3 2 1 1 2 2 1 1 15 10 5 0 Flo ur Rice M ilk Tin 4 0 0 g N a w ar M arg arin e M ilk P o w d er P o u c h 9 0 0 g M ilk P o w d er P o u c h 4 0 0 g S afa Le ntils O nio ns O ra n g es P otato es S u nflo w er oil 1 Litre 3 1 S alt COMPOUNDING LETTERS, AGREEMENTS AND NON-COMPLIANCE The two authorities have the powers under Paragraph 7 (1) of the order to compound the offence in lieu of instituting legal proceedings by accepting a sum not more than the maximum fine for the offence.
The Commission through letter (20) offered the possibility to retailers to discharge their liability.

18 retailers agreed to committing the offence and requested that the matter to be dealt with under this paragraph and SCR4,800 was collected as fines.

1 letter was pending service, whilst legal proceedings will be instituted against 1 retailer.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 54 S T A T I S T I C S - M S D E P A R T M E N T P R O J E C T S PROJECT 1: TELECOMMUNICATION SECTOR (ACTIVE) In 2021, the department in collaboration with the Department of Information and Telecommunications (DICT) initiated a survey to discuss various problems being encountered in the telecom sector and in relation to certain practices in other jurisdictions.
The survey comprised the assessment of three types of services; Broadband internet service, Mobile data service and Cable TV service.

In 2022, the Department presented the findings of the survey to the Vice President at Statehouse in the presence of the Director General for communications at DICT.

The findings were also presented to the general public through an interview that was aired on the National Media, SBC and Telesesel.
DICT is following up with the service providers to see that the recommendations are considered in order to improve the quality of the service delivery PROJECT 2: STAKEHOLDER TASKFORCE Inspections undertaken in Pharmacies (applying the previous Law ‘The Consumer Protection Act, 2010’) A Taskforce was set-up in January 2020, which includes representatives from the Seychelles Bureau of Standards, Public Health Authority, Seychelles Licensing Authority and Seychelles Revenue Commission and the Fair Trading Commission represented by Market Surveillance, to collaborate on matters of common interest.
In 2022, in view of concerns relating to the conduct of pharmacies, especially in the practice of selling goods with labels/information that are not in one of the national languages, the taskforce conducted a joint inspection on 9th and 10th June 2022, where a total of 14 pharmacies were inspected.
During the inspection, out of the 14 pharmacies, no breach was observed in 3, breach of section 24 - selling of expired goods was observed in 6 and mixed breaches (section 19 -selling of goods with labels not in one of the national languages, section 24 and section 50) was observed in 5. Letters to encourage compliance were issued to those who complied and those found in breach were served compliance notices.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 55 S T A T I S T I C S - M S D E P A R T M E N T P R O J E C T S A compliance visit was conducted later during the year at the pharmacies served with compliance notices.

All the pharmacies were found to be complying and were served with compliance certificates.

USALAMA VIII As part of its yearly collaboration, the department participated in the USALAMA VIII operations which took place between 19th to 23rd September.
The targeted sector was retail outlets and the Commission provided assistance to the Public Health Authority in leading inspections in at least 60 retail outlets and warehouses, whilst other authorities verified compliance to the Acts they administer such as GOP, POS systems etc.
At the end of the operations, the department submitted a report on the findings and recommendations for improvement of the operation such as proper reporting systems in place and coordinated follow up actions REGULATIONS The Fair Trading Act, 2022 provides for regulations to be made that would provide Commission with additional authoritative mechanisms for monitoring and enforcing compliance to certain provisions.
The department drafted proposals relating to a number of provisions including Disclosure of Information, Product Labelling and Fixed Penalties that were submitted to the Attorney Generals Office for consideration.

Further to the above, proposals were made for distance selling and sales record exemptions where they were tabled for discussions internally and with consultants.

The work on these proposals is ongoing as the Commission also requires inputs from other authorities such as SLA.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 56 S T A T I S T I C S - M S D E P A R T M E N T T R A I N I N G The department this year was fortunate to have followed several training sessions both virtually and locally.

The department also had the opportunity to attend a few overseas missions.
Below is a list of trainings followed by the department: VIRTUAL TRAININGS OECD, Arabic Consumer Forum - The OECD, Arabic Consumer Forum was held from the 24th to 25th May, 2022.

ICPEN 2021/2022 - The ICPEN Best practices workshop, High Level meeting and Conference presided by the Portuguese Authority that was held from the 25th to 27th of May 2022.

Multilevel Marketing Challenge Conference - The Multilevel marketing challenge was held from the 10th to 11th June 2022.
Market Inquiry training at the Attorney General’s office facilitated by Mr. Muhammad Saley on 7th July, 2022.

Relevant market training facilitated by EU-ESA through Trade Division.

Competition Policy Training facilitated by EU-ESA on 5th October, 2022.

OVERSEAS MISSIONS Internship at the Competition and Consumer Authority in Botswana (1st to 5th August, 2022) and Competition Commission of Mauritius (8th to 11th November, 2022).
Meeting with COMESA (Consumer) in Kenya (24th to 25th October, 2022) and ACF in Botswana (1st and 2nd August, 2022).

A D V O C A C Y A N D E D U C A T I O N The Department assisted with producing adverts and updating the different social media platforms from January to February 2022.

In March 2022, the Education and Advocacy officer took this role.
However, the team remains committed in providing education, hence they have been assisting the Officer in formulating contents in line with the Introduction of the Fair Trading Act, 2022.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 57 S T A T I S T I C S - M S D E P A R T M E N T C H A L L E N G E S Lack of corporation from certain authorities in relation to matters referred to them or matters requiring joint work.
The Laptop that is connected to the scanner does not function properly hence this delays the scanning of work.

Lack of Human manpower is increasingly evident and felt within the department given the amount of work that is being undertaken by the team of four with the enactment of the FTA,2022.

P L A N F O R N E X T Y E A R Training for the application of the FTA, 2022 and its regulations, that are specifically targeted to Market Surveillance.
Attend local and International trainings/internship that will assist in the delivery of duties under the new Act.

Collaborate with other Technical agencies to ensure that Standards and Regulations are developed/implemented to protect consumers from harmful products and unfair trade transactions captured by the FTA, 2022.

Liaise with Trade and other relevant authorities in discussions relating to regulating the Freight Forwarding sector, Distance (Online) Selling and also sales record exemptions.
Conduct a joint inspection with the MS Taskforce.

Conduct monthly joint (routine and scheduled tip-off) inspections with SLA for monitoring and enforcement of the MRP order.

Collaborate with the Education and Advocacy Officer for the development of contents relating to the provisions administered by the department.

Scanning and archiving of 2020 files if there is sufficient storage space.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 58 OPERATION DEPARTMENTS THE CONSUMER DEPARTMENTS Consumer Protection falls under two separate Departments, specifically the Consumer Goods Department and Consumer Services Department.

Their mandate is to safeguard the interest of consumers from unfair trade practices through the enforcement of the Consumer Protection 2010 and the Fair Trading Act, 2022.
CONSUMER GOODS DEPARTMENT The Consumer Goods Department deals specifically with goods issues concerning related consumer complaints for example defective electronic items.

CONSUMER SERVICES DEPARTMENT The Consumer Services Department handles consumer complaints in relation to matters concerning services such as failure to perform services relating to the construction of a building.
PAGE 59 S T A T I S T I C S - During 2022, a total number of 158 consumer complaints were lodged at the Commission of which 69 cases were goods related representing 43.67% and 89 were services related representing 56.33% of the total number of cases.

Of the total goods cases lodged a total of 35 cases were lodged under the FTA, 2022 whereas the remaining 34 cases were lodged under the CPA 2010.
Of the total services cases a total of 50 cases were lodged under the FTA, 2022 and the remaining 39 cases were lodged under the CPA 2010.

The number of cases recorded for 2022 shows a decrease of 16.40% compared to 2021 of which 189 cases were lodged.
NUMBER OF COMPLAINTS RECEIVED PER YEAR 500 400 300 200 100 0 6 2 010 Complaints NUMBER OF COMPLAINTS RECEIVED PER COMPLAINT TYPE, IN 2022 IN COMPARISON TO 2021 125 100 75 50 25 0 2021 2022 118 89 71 69 Consumer Goods Consumer Services F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 60 S T A T I S T I C S - During 2022, on average, 13 cases were recorded per month.

The month of November recorded the highest number of complaints (24), whilst the month of June and August recorded the lowest number of complaints (7).
In 2021, the average number of complaints recorded per month was 16, the month of January recorded the highest number of complaints (22), whilst the month of February and December recorded the least number of complaints (4).

NUMBER OF COMPLAINTS RECORDED PER MONTH PER YEAR IN 2022 IN COMPARISON TO 2021.
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Below is a graph showing the number of complaints closed per month at screening stage.

NUMBER OF COMPLAINTS CLOSED PER MONTH AT SCREENING STAGE 10 7.5 5 2.5 0 Complaints 9 4 1 1 0 0 2 1 3 2 1 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 61 LET US LOOK AT THE NUMBERS Staff Count Investigations Discontinued with Remedy: Refund Repair Replacement Discontinued No Breach 2 48 19 1 3 19 PAGE 62 S T A T I S T I C S - In 2022, 69 complaints lodged were in relation to Consumer Goods.
15 complaints were closed at complaint taking stage, 5 (7.25%) complaints were assigned to the Praslin Office, 1 (1.44%) was awaiting documents at end of year.

The remaining 48 (69.56%) cases were assigned to the Consumer Goods Department for investigation.

In comparison, in 2021, a total of 71 consumer goods complaints were lodged.

This shows a 2.82% decrease in the number of consumer goods complaints lodged.
From the 71 complaints that were lodged 8 (11.4%) complaints were closed at complaint taking stage, 7 (9.8%) complaints were assigned to Praslin office, and 2 (2.8%) were awaiting documents at end of year.

Similar to 2021, the highest number of consumer goods complaints lodged in 2022 were in relation to electronic goods.

In 2022, 36 (47.83%) consumer goods complaints were lodged in relation to electronic items and for the same period in 2021, 40 (56.3%).
It is to be noted that 19 out of the 69 Goods complaints representing a total of 27.54% were investigated under the Fair Trading Act 2022 compared to 50 Goods complaints representing a total of 72.46% which were investigated under the Consumer Protection Act 2010.

The department recorded complaints in regards to various electronics items without a dominant brand or a specific item of concern.

ADVERTS BY DEPARTMENT AND SUBJECT PUBLISHED IN 2022 IN COMPARISON TO 2021.
2021 2022 49 36 3 5 5 2 2 0 1 1 0 0 1 1 0 0 50 40 30 20 10 0 A cessories Electro nic Ite m s Clothin g & F o ot w e ar H o use h old Ite m s C o nstru ctio n M aterials F urniture M otor V e hicles H ard w are 1 2 01 01010 T o ys A uto p arts Fixture a n d Fittin gs C ar D e alership & su p pliers F o o d a n d F o o d relate d Ite m s F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 63 S T A T I S T I C S - TOTAL VALUE OF CONSUMER GOODS COMPLAINTS INVESTIGATED The value of the Goods Complaints in 2022 amounted to SCR 1,524,334.65.

This is a 120.8% increase compared to 2021 which stood at SCR 690,408.40.

The difference in value may be attributed to the increase in electronic items cases in 2022.
YEAR 2021 2022 The total Value of consumer goods complaints assigned to the Department for Investigation.

SCR 690,408.40 SCR 1,524,344.65 TECHNICAL REPORTS Technical Reports are essential in determining the outcome of investigations and the Department has again only been able to rely on a limited number of independent technicians.
YEAR 2021 2022 Number of Technical Reports Total cost of Technical Reports 24 37 SCR 17,100.00 SCR 23,675.00 ASSIST CONSUMER SERVICES DEPARTMENT WITH NON-CONSTRUCTION SERVICES CASE Similar to the year 2021, the department assisted the Consumer Services Department in investigating non construction cases.

In view that there was a decrease in the number of goods related complaints, staff were able to assist with the cases thus decreasing the overall turnover of services related cases.
The department investigated a total of 23 services cases related cases of which 2 (8.69%) were still active by the end of 2022.

The two services cases are still active for owing to the product having been ordered from abroad (1) and the other a construction case (1).

Both cases shall be carried over to 2023.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 64 S T A T I S T I C S - From the 48 complaints assigned to the department, 7 Goods Cases were carried over from the previous year, 2021.

At the end of 2022, 11 (22.92%) cases remained active and 37 cases (77.08%) were discontinued.

In 2021, 56 goods complaints were investigated by the department of which 2 were carried over from 2020.
At the end of 2021, 1 (1.8%) case was approved for hearing before the tribunal, 7 (12.5%) cases remained active and 48 (85.7%) cases were discontinued.

STATUS OF CASES AS AT END OF 2022, IN COMPARISON TO 2021 2021 Active 7 2022 Active 11 Discontinued 48 Discontinued 37 R E M E D Y In 2022, the department was successful in obtaining a redress for 23 (47.92%) Goods cases, which is lower compared to 25 (44.6%) remedies provided during the same period in 2021, showing a decrease of 8%.
This may be attributed to staff working on Services cases which is a longer process.

As for cases closed due to no breach found, for 2022 the amount stood at (25) compared to (23) in 2021.

REMEDY OF CASES AS AT END OF 2022, IN COMPARISON TO 2021 2021 Refund 19 Replacement 6 2022 Repair 1 Replacement 3 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T Refund 19 PAGE 65 S T A T I S T I C S - The department worked with the Education and Advocacy Officer to produce 4 adverts relating to relevant Sections of the FTA,2022, such as the newly introduced Sections for Deposits and Components.

Another area where there was collaboration with the education and advocacy officer was in advertising on the new STC Hypermarket platform.
The Department also worked in collaboration with other departments in this year's World Consumer Rights Day campaign.

The department also accompanied the Education and Advocacy Officer to deliver an educational talk at the SCAA in regards to Fraud.

The department also produced 2 adverts in relation to Retail Price Maintenance.
The Principal Analyst of the department was also tasked with overseeing the organization of the Commission’s Outreach Programme which was held on Praslin and a radio quiz which was aired on Paradise FM.

This semester the department also participated in an SBC Radio programme to educate the public on recent changes in regards to the Commission’s sections of the Fair Trading Act, 2022.

C H A L L E N G E S Most of the cases investigated requires an independent technician to verify the goods.
Finding independent technicians who are ready to agree with the request of the Commission has been a difficult task.

Most of the technicians are not prepared to submit a written and signed report to the Commission.

Ongoing trainings in regard to the FTA,2022 is a must for the staff.

Staff has encountered numerous challenges after the implementation of the new Act, whereby the Legal Department was needed occasionally for interpretation.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 66 S T A T I S T I C S - Ensure that Goods cases turnover remains at an average of 2 months.

Work closely with the Education and Advocacy Department to ensure consumers are educated on relevant sections of the law.

Conduct several meetings to ensure all concerned stakeholders are well informed of the General Product Safety Regulation.
Participate in World Consumer Rights Day preparation alongside other Departments.

Attend specific trainings in regards to implementation of the new law.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 67 LET US LOOK AT THE NUMBERS Staff Count Investigations Discontinued with Remedy: Performed Service Refund Discontinued No Breach 5 49 10 10 19 PAGE 68 S T A T I S T I C S - In 2022, a total of a total of 89 complaints lodged were related to consumer services acquired in comparison to 118 consumer services complaints in 2021.
This shows a 24.58% decrease in the number of complaints lodged.

In 2022, from the 89 consumer services complaints lodged, 8 (8.99%) complaints were closed at complaint taking stage, 9 (10.11%) were assigned to Praslin Office, 23 (25.84%) were assigned to the consumer goods Department and 49 (55.06%) cases were assigned to Consumer Services Department for investigations.
In Comparison, in 2021, from the 118 complaints lodged, 28 (23.7%) complaints were closed at complaint taking stage, 3 (2.5%) were assigned to Praslin Office, 23 (19.5%) were assigned to the Consumer Goods Department and 9 (7.7%) cases were awaiting documents at the end of the year.

The remaining 55 were assigned to the Consumer Services Department for Investigation.
The construction sector (Construction & Construction Materials) remained the most prominent category of complaints investigated (43) in 2021 and (29) in 2022.

This represents a decrease of 32.56% in comparison to 2021.

LEADING CATEGORY OF CONSUMER SERVICES COMPLAINTS INVESTIGATED IN 2022, IN COMPARISON TO 2021.
m er La n d sca pin g C arp e ntry Electro nic Ite m s S hip pin g a n d C arg o m u nicatio ns C ar d e alers a n d su p pliers M otor V e hicle R e p airs p uter Pro gra m C o m S urveyor A cc o m o d atio n A uto p arts Electric R e p airs Airlin e S ervices Cle arin g a n d F or w ardin g Electrical installatio ns & services Arc hitectural S ervices C o nstru ctio n & C o nstru ctio n M aterials T elec o m F A I R T R A D I N G C O M M I S S I O N • W W W .
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 69 S T A T I S T I C S - TOTAL VALUE OF REFUNDS COLLECTED FOR CONSUMER SERVICES COMPLAINTS INVESTIGATED The below table represents the total Refund collected during the investigation.

The decrease in value of refunds in 2022, is attributed to the reduction in Consumer Services cases recorded in the year.
YEAR 2021 2022 The total value of refunds collected for Consumer Services Complaints Investigated SCR 600,800.00 SCR 472,554.20 QUANTITY SURVEYOR Given that the construction sector represents or constitutes the most prominent complaints recorded at the Commission, the service of a retained Quantity Surveyor is inevitable.
Quantity Surveyors are the financial consultants of the Construction industry whose training and experience qualify them to advise on cost and contractual arrangements and to prepare contract documents.

They are independent experts who operate in a specialized area of the construction industry.

In 2022, the Quantity surveyor continued to evaluate claims made by complainants in relation to the extent of the failure by suppliers in the performance of service.
The quantity surveyor provides an impartial report based on the evidence acquired during the investigation.

In 2022, a total of 18 joint site visits were carried out with the Quantity Surveyor, of which 14 reports were received and 4 reports were pending at the end of the year.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 70 S T A T I S T I C S - In addition to the 49 services complaints investigated by the department in 2022, a total of 44 cases were carried over from previous years.

Therefore, a total of 93 cases were investigated.

It is to be noted that 21 out of the 93 Services complaints representing a total of (22.58%) were investigated under the Fair-Trading Act 2022.
At the end of 2022, a total of 43 (46.24%) cases were discontinued, 19 (20.43%) cases were recommended for Tribunal and 31 (33.33%) cases remained under investigation as at end of the year.

In comparison, in 2021, in addition to 55 services complaints investigated in 2021, a total of 45 cases were carried over from the previous years, equalling to 100 cases investigated.
At the end of 2021, 38 cases (38%) were discontinued, 10 cases (10%) were settled for an undertaking, 10 cases (10%) were approved for Tribunal and 42 cases (42%) remained under investigation.
STATUS OF CASES AS AT END OF 2022, IN COMPARISON TO 2021 2021 Discontinued 38 2022 Active 42 Discontinued 43 R E M E D Y Active 31 From the 43 cases discontinued in 2022; 10 (23.26%) performed the service, 10 (23.26%) were provided with a refund, 4 (9.30%) cases were withdrawn by the complainant and in 19 (44.19%) cases there was no breach/merit for further investigation.
Whereas in 2021, from the 38 cases discontinued, 10 (26.3%) performed the service, 9 (23.7%) were provided with a refund and in 19 (50%) cases there was no breach/merit for further investigation.

REMEDY OF CASES AS AT END OF 2022, IN COMPARISON TO 2021 2021 No Breach 19 Performed service 10 2022 No breach 19 Refund 9 Performed Service 10 Refund 10 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 71 S T A T I S T I C S - In line with the continuous tripartite collaboration between the Fair Trading Commission, Seychelles Planning Authority and Seychelles Licensing Authority to ensure that the professionals in the construction sector are aware of their obligations to their clients prior to practicing in the sector, an exam for all Professionals in the field of construction is carried out.
A total of 34 presentations were carried out with the contractors and 96 contractors sat for the exam and they have all passed.

As part of the exchange during the meeting conducted, there was a discussion to also revamp the Licensing application procedure as follows; Licensing Authority to send the list of applicants for upgrading and renewal of License to FTC for comments to be provided.
Applicants to attend at least one training organized by the Fair-Trading Commission prior to renewal and upgrading License.

The session will be carried out twice yearly minimally and a list of attendees will be sent to SLA and/or a certificate will be provided to the participants that they can present to Licensing Authority upon application for upgrade or renewal of License.

The commencement date will be in 2023.

Applicants for the new licensee will attend training at FTC upon making the application.
Amend the condition of the License.

A workshop was organized by the Tripartite with the contractors to bring the new changes to their attention.

Joint collaboration with the Education & Advocacy Unit.

The Department assisted the Education and Advocacy Officer in a presentation carried out at Enterprise Seychelles Agency.

The purpose of the session was to empower the ESA staff to provide information to the businesses about their obligations in relation to the Consumer Protection Act, 2010.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 72 S T A T I S T I C S - Address the Recurrent Respondent on the market.

A total of 5 recurrent respondents were recorded in the second semester of 2022.

All relevant documents were sent to the Seychelles Licensing Authority.
The Commission awaits the action to be taken by the Seychelles Licensing Authority Board.

Engage in educational and advocacy activities.

The department participated in several advocacy activities including the following; A member of the Committee to discuss and draft adverts to be aired on media platforms.

Conference organized by the Attorney’s General office with lawyers.

Conference organized by the Planning Authority with contractors.

Produced adverts for the Commission’s Facebook page.
Participated in the outreach December activity that was carried out on Praslin.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 73 S T A T I S T I C S - The department attended 3 virtual trainings as follows; ICPEN Webinar on Alternative Dispute Resolution ICPEN Pyramid Promotional Schemes project titled: "Enforcement pathways and sanctioning policies" World Consumer Rights Day 2022 organized by COMESA Competition Commission.
The three trainings provided the staff with different procedures implemented by various countries for the gathering of evidence in the investigation process.

Additionally, the advocacy activities conducted were also shared amongst member states.

Continous Collaboration with Mr. Massimiliano Gangi, EU Consultant There is continuous collaboration with Mr. Massimiliano Gangi, the consultant working with the Commission through the EDF funding with regards to the implementation of the new Act.
Mr. Massimiliano has provided a tentative docket which included a proposed leaflet that can be customised based on the issues being encountered in the construction sector and elements that can be included in any future regulations.

Overseas Missions Staff within the department also attended an exchange with the Consumer Protection Commission (CCPC) in Zambia.
The internship was a platform to exchange information on the procedure of the CCPC and the Seychelles Fair Trading Commission with the aim of improving the performance of both organisations.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 74 S T A T I S T I C S - Information requested from certain stakeholders were not received in a timely manner.
The complexity of cases requires an increase in the number of technicians required to provide opinions/recommendations on cases.

Limitation of Authorities/ individuals to perform requested tests to establish the quality of a good or service performed.

Limited resources in the Legal Department, to provide feedback in a timely manner on cases and legal opinions.

The Tribunal has not been set up to acquire rulings that can be used as precedence.
P L A N F O R N E X T Y E A R Finalize investigation of the complaints lodged prior to the first semester of 2023.

Continued collaboration between Planning Authority, Seychelles Licensing Authority and the Commission, to educate the consumer and take necessary action with the supplier of service in the construction sector that adversely affects the consumer’s rights.

Engage in educational and advocacy activities.

Training for staff in relation to the Implementation of the new law.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 75 OPERATION DEPARTMENTS PRASLIN OFFICE The Praslin office has been in operation since 2016, and its main function is to safeguard the interest of consumers from unfair trade practices through the enforcement of the Fair Trading Act, 2022.

The office has a manpower capacity of 2.


The officers’ duties are to investigate consumer complaints, relating to goods and services; conduct routine inspections and compliance visits at various out business investigations in collaboration with the Competition premises.

carry They also Department on Mahe to ensure compliance with the Fair-Trading Act, 2022.

In addition, the officers work closely with the Education and Advocacy Unit on Mahe to formulate educational dissemination to the general public.
activities and contents for PAGE 76 LET US LOOK AT THE NUMBERS Staff Count Investigations Inspections Compliance Notices Compliance Certificates Non-Compliance Cases recommended for Tribunal 2 23 Investigated 4 Remedy 18 10 13 1 2 PAGE 77 S T A T I S T I C S - During the year 2022, the Praslin office received a total of 14 consumer complaints in comparison to 10 complaints received in 2021.

This represents an increase of 40%.


Out of the 14 consumer complaints lodged, 7 (50%) were dealt with under the CPA, 2010 and 7 (50%) were dealt with under the FTA, 2022.

Out of the 14 complaints lodged, the majority of complaints were of the consumer services which amounted to 9 (64.28%), whilst the remaining 5 (35.71%) were of the Consumer Goods category.
This shows a shift in cases lodged, whereby in 2021 the majority of cases were of the Consumer Goods Category and amounted to 7 (70%) whilst 3 (30%) were of the consumer services category.

Hence the shift shows an increase of 200% in consumer services complaints in 2022, in comparison to 2021 and the same result observed for both years, 2021 and 2022, for Consumer Goods.
NUMBER OF COMPLAINTS RECEIVED PER COMPLAINT TYPE, IN 2022 IN COMPARISON TO 2021 2021 2022 9 7 5 3 10 7.5 5 2.5 0 Consumer Goods Consumer Services NUMBER OF COMPLAINTS RECORDED PER MONTH PER YEAR IN 2022 IN COMPARISON TO JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 78 S T A T I S T I C S - P R A S L I N O F F I C E I N V E S T I G A T I O N S During 2022, a total of 23 cases were investigated, representing an increase of 53.3% from 2021, whereby a total of 15 cases were investigated.

Of the 23 cases investigated in 2022, 14 cases were assigned in the year and 10 cases were carried over from previous years (2018-2021).
In comparison to 2021, out of the 15 cases, 10 cases were assigned in 2021 and 5 were carried over from previous years.

Of the 23 cases investigated in 2022, a total of 5 cases were discontinued receiving a redress, 2 were recommended for hearing before the tribunal, 2 were mediated, 1 was proceeding to discontinuation,1 was forwarded to Mahe office for the screening process, 5 were closed due to no breach, and 7 remained active.
In comparison to 2021, 4 were discontinued, 3 were in the process of discontinuation, 3 were approved to be forwarded to the tribunal and 5 remained active.

STATUS OF CASES AS AT END OF 2022, IN COMPARISON TO 2021 2021 2022 Recommended for Tribunal 3 Active 5 Recommended for Tribunal 2 Active 7 Discontinued 6 Discontinued 13 R E M E D Y The number of discontinued cases increased from 6 in 2021 to 13 in 2022, representing a percentage increase of 116.7%.
When comparing the total number of cases which obtained a remedy, there is an increase of 400% from 1 in 2021 to 5 in 2022.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 79 S T A T I S T I C S - In addition to handling consumer cases, the Praslin office is also tasked with conducting inspections both on Praslin and La Digue in accordance with Section 4 (3)(a) of Fair Trading Commission Act, 2009 and Section 6 (2) (b) of the Fair Trading Act, 2022 (FTA,2022).
During the year 2022, the Praslin office conducted a total of 18 routine inspections on Praslin and La Digue.

Of the total inspections carried out in 2022, 9 (50%) inspections were carried out under the FTA, 2022 and the remaining 9 (50%) were undertaken under the previous Act, FTCA, 2009.

This represents a 35.71% decrease in comparison to 2021 where 28 inspections were undertaken.
The decrease is attributed to the fact that in the first half of the year the Praslin Office was undergoing recruitment to obtain a Senior Analyst to head the department, hence the lack of manpower prevented the team from pursing their duties as necessary.It is to be stressed upon that it is important for inspections to be carried out in pairs to ensure that the team always has a witness from the Commission on site at all times.
All 18 (100%) routine inspections were carried out on Praslin, in comparison to 2021, where the 28 routine inspections conducted comprised of 15 (53.6%) inspections on Praslin with the remaining 13 (46.4%) inspections conducted on La Digue.
The lack of inspection undertaken on Praslin is attributed to the fact that the Praslin Office was understaffed in the first half of the year and in the second half with the recruitment of a Senior Analyst, the induction process took place which allowed for a strong workforce to be built to enable for the office operations to be carried out more effectively.
NUMBER OF INSPECTIONS CONDUCTED IN 2022, IN COMPARISONT TO 2021 2021 2022 Inspections 0 10 18 20 28 30 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 80 S T A T I S T I C S - Out of the 18 inspections carried out during the second semester of 2022, all businesses were found to be in contravention of the Law.
9 businesses were in breach of Section 20 of the CPA, 2010, for Non- disclosure of prices and Section 25 for failure to provide sales record meeting all the requirement of the law; 6 businesses were in breach of Section 72 for non-disclosure of prices, Section 77 for failure to provide sales record meeting all the requirements of the law, Section 74 for displaying and offering for sale goods with a trade description not in English, French or Creole and Section 76 for offering to supply goods without displaying their shelf life and a later date of their shelf life under the FTA, 2022.
In comparison to 2021, where 16 businesses out of the 28 inspections carried out were found to be in contravention of the CPA, 2010.

This therefore shows an increase of 12.5% of businesses in breach in 2022.
BREACH PATTERNS IN 2022 IN COMPARISON TO 2021 No breach 0 Breach 2021 2022 12 16 18 0 5 10 15 20 COMPLIANCE NOTICES In accordance with Section 72 (1) of the CPA, 2010 and Section 119 of the FTA, 2022, where the Commission has reasonable grounds to believe that a person has engaged in a prohibited conduct, the Commission may issue a compliance notice in the prescribed form, indicating the contravention, the action to be taken, the period within which that action is to be taken and any penalty to be imposed in terms of the Consumer Protection Act, 2010 and the Fair Trading Act, 2022.
In 2022, a total of 13 Compliance Notices were served in comparison to 12 in 2021.

This accounted to a slight increase of 8.3% in contrast to the previous year.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 81 S T A T I S T I C S - COMPLIANCE NOTICES ISSUED IN 2022 IN COMPARISON TO 2021 2021 2022 compliance notices 12 13 0 5 10 15 COMPLIANCE VISITS To verify if the businesses had complied with the instructions of the notices, 12 compliance visits were carried out in 2022, representing a decrease of 20% compared to 2021 whereby 15 compliance visits were carried out.
COMPLIANCE VISITS ISSUED IN 2022 IN COMPARISON TO 2021 compliance visits 2021 2022 15 12 0 5 10 15 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 82 S T A T I S T I C S - COMPLIANCE CERTIFICATES Where the requirements of the compliance notice have been satisfied, the Commission issues a compliance certificate.
10 compliance certificates were issued following the compliance visits in 2022 in comparison to 8 compliance certificates issued in 2021.

This represented an increase of 25%.

COMPLIANCE CERTIFICATES ISSUED IN 2022 IN COMPARISON TO 2021 2021 2022 8 10 NON- COMPLIANCE Proceedings may be instituted against the enterprise or person to whom a notice is issued and who fails to comply.
Such cases are sent to the Legal Affairs Department who in turn forward them to the Commercial Crime Unit (CCU) for prosecution by the Attorney General’s Office.

The Department recorded only 1 case of non-compliance in 2022, and the same amount was recorded for 2021.

NON - COMPLIANCE IN 2022 IN COMPARISON TO 2021 2021 2022 1 1 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 83 S T A T I S T I C S - FIXED PENALTY NOTICES 5 retailers have been found to be liable to fixed penalty notices under sections 72, 74, 76 and 77 of the FTA, 2022.

The Notices will be issued in the first semester of 2023 due to the fact that the procedure for collecting payments was not yet established for the Praslin Office.
ENFORCEMENT OF MAXIMUM RETAIL PRICE In addition to the routine inspections, the Praslin office jointly with the Seychelles Licensing Authority conducted Maximum Retail Price (MRP) inspections under the Control of Supplies and Services Act 2022.

A total of 50 MRP inspections were conducted; 41 on Praslin and 9 on La Digue.

Out of the 50 businesses inspected for MRP, 11 businesses were found to be in breach of the Control of supplies and Services Act, 2022(MRP).
6 MRP notices have been issued to retailers on Praslin in the second half of the year.

Out of the amount, 5 retailers have agreed to committing the offence compared to 1 retailer who do not want to compound and would rather see the case go before the court.

The 5 retailers will receive their letters in regards to their decision to compound in 2023.
ITEMS OBSERVED BEING SOLD ABOVE MRP Items observed being sold at a price higher than the MRP 5 4 5 4 3 2 1 0 2 2 1 1 Le ntils - 5 0 0 G M arg arin e - 2 5 0 G M ilk P o w d er - 4 0 0 G M ilk P o w d er P o u c h - 9 0 0 G M ilk P o w d er Tin - 1.8 K G S u nflo w er Oil - 1LT F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 84 S T A T I S T I C S - P R A S L I N O F F I C E M A R K E T R E S E A R C H & S U R V E Y 2ND PHASE RPM CAMPAIGN - MEAT PACKAGING The department continued to work alongside the Competition Department in the 2nd Phase of the RPM Campaign to identify the suppliers/manufacturers in the aforementioned sector that are potentially engaging in resale price maintenance.
The Commission was concerned that these suppliers/ manufacturers, without consulting retailers, were setting the retail price of the products by supplying retailers with products that already had a printed retail price on them.

C O L L A B O R A T I V E W O R K JOINT INSPECTION A Task Force team comprising of Police, SLA, Public Health Authority and Immigration Department carried out joint visits/inspection (operation USALAMA) at different retailers and wholesalers on Praslin.
The exercise was initiated by the Police.

During the visits/inspections, each agency involve in the task force was looking for breaches of their respective laws according to their respective mandate.

COMPLIANCE PROGRAMME The programme which started in 2020 remains pending as most businesses who were identified to be on the programme have remained unresponsive even if they were contacted and given information about the program.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 85 S T A T I S T I C S - P R A S L I N O F F I C E A D V O C A C Y & E D U C A T I O N Educational talk on the Fair Trading Act, 2022 was organized at the Grand Anse Praslin Secondary School in October.

Also, an outreach programme in the form of a road show was also organized on Praslin on the 9th December 2022.

The aim of the outreach was to sensitize the Praslin population on the FTA Act, 2022 and their rights as consumers.
Both activities were done in collaboration with the Education and Advocacy Unit of the Commission.

C H A L L E N G E S Set back in achieving plans for this year due to staff resignation and thus limited manpower.

Difficulty in identifying qualified technician on Praslin to carry out independent report on products being investigated by the Commission.

Delay in finalizing case prior to 2022 due to lack of cooperation from respondents and other parties involved in the case.
Delay in issuing of Fixed Penalty Notices and MRP Notices, due to the fact that the procedure for collecting payment was not yet established at the Praslin Office.

P L A N F O R N E X T Y E A R Engage in joint MRP inspection with the Seychelles Licensing Authority (SLA).

Finalize investigation in the cases lodged prior to, and in 2022.

Carry out outreach program on La Digue in collaboration with the Advocacy and Education officer to raise awareness about the newly implemented Fair Trading Act, 2022.
Organise talks at the La Digue secondary school in collaboration with the Advocacy and Education officer to sensitise the students on the Fair Trading Act, 2022.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 86 OPERATION DEPARTMENTS EDUCATION & ADVOCACY UNIT The unit is in charge of maintaining and ensuring stakeholder engagement through administering the Commission’s various online platforms.
It works closely with other operations departments to produce various publications and develop outreach campaigns/communication activities as per the Advocacy Plan.

The department also maintains relations with the Commission’s various stakeholders.

The overall duties of the Education and Advocacy unit are as follows; A.

Work closely with other departments to provide various publications.

B. Update and manage the FTC Education and Advocacy Platforms.
C. Organize events such as outreach campaigns to ensure that the advocacy plan is active and moving forward.

D. Evaluate results and impact of communication activities; report on developments, trends and attitudes regarding the works of the FTC.

Establish metrics for gauging impact.

E.Develop strategic partnership with key stakeholders to elicit support for and maximize impact of Education and Advocacy Objectives.

Hence, ensuring effective communication.


PAGE 87 LET US LOOK AT THE NUMBERS Staff Count Adverts Published on Social Media Press Releases Video Adverts aired on TV Radio Programmes Newspaper Adverts & Articles 1 182 35 44 8 29 PAGE 88 S T A T I S T I C S - E D U C A T I O N & total of 217 contents have been published by the unit on Social Media in the year 2022.
The contents comprise of Adverts and Press Releases, where the total amount of contents is made up of 182 adverts and 35 press releases.

To state, each department enforces specific provisions of the Fair Trading Act, 2022.

Hence the adverts produced is classified by department.
For the year under review, 22 adverts were recorded for Competition Department, 24 for Market Surveillance Department, 12 for Consumer Goods Department, 15 for Consumer Services Department, 6 for Legal Department, 8 for CEO’s Secretariat, 10 for occasions, 11 for Repost/or shared adverts, 71 throwbacks and 3 for Financial Education.

As for press releases, 15 were recorded from the CEO’s Secretariat, 18 from the Competition Department and 2 from the Market Surveillance Department.
In comparison, in 2021 a total of 224 contents comprising of 169 Adverts and 55 press releases were published.

Total adverts published in 2022 in comparison to 2021 shows a percentage increase of 3.1%.

The increase observed can be as a result of the increase in Education and Advocacy for the New Law, and the concentration on Financial Education in collaboration with the Central Bank of Seychelles; The Financial Education Committee.
As for the press releases published, a percentage decrease of 72.73% is observed in 2022 in comparison to 2021.

ADVERTS BY DEPARTMENT AND SUBJECT PUBLISHED IN 2022 IN COMPARISON TO 2021.
M ark et S urveilla n ce C o m Le g al Affairs T hro w b ack Praslin O ffice p etitio n C E O's S ecretariat C o nsu m er G o o d s Fin a n cial E d u catio n C o nsu m er S ervices H u m a n R eso urces R e p ost (fro m a n oth er P a g e) O ccassio ns F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 89 S T A T I S T I C S - E D U C A T I O N & PRESS RELEASES PUBLISHED BY DEPARTMENT IN 2022 IN COMPARISON TO 2021 40 30 20 10 0 1 2 2021 2022 40 18 14 15 Market Surveillance Competition CEO's Secretariat V I S I B I L I T Y O N V A R I O U S M E D I U M S TV PROGRAMMES & ADVERTS AIRED In 2022, the Commission participated in several TV Programmes as means of providing a more in depth and informed means of education to the general public.
Prior to the introduction of the Fair Trading Act, 2022 the FTC participated in the Tete a Tete Programme on SBC TV where the Chief Executive Officer of the Commission provided a view of what the new law entailed.

Upon the enactment of the Law, the Unit saw the need for the Commission to shed some light on its procedures and to advise the public of what had changed and what had remained the same.
The programme 4 degree Sid which a production of the SBC assisted the Commission to achieve the objective to educate the public in regards to the new Act.

The focus of the programme was to provide explanation on the step by step complaint taking procedure and a brief view of the Commission’s operations.
Additionally, the Commission had the opportunity to participate in the News Extra programme where two of our senior officers provided a more information on the Fixed Penalty Provision, which is a new provision in the Fair Trading Act, 2022.

In total, the Commission has participated in 3 TV programmes, this amount is similar to the total amount recorded for 2021.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 90 S T A T I S T I C S - E D U C A T I O N & The Commission saw it necessary to continuously provide education on SBC TV, targeting spots before the 8pm news and after.

Hence, a total of 44 video adverts were aired throughout the year, educating the public on the new provisions of the Act and their rights and obligations under the FTA, 2022.
In 2021 a total of 14 video adverts were aired on the SBC TV, hence a 214.29% increase was observed to have been achieved in 2022 as a result of the increased education on the new law.

VIDEO ADVERTS AIRED ON TV IN 2022 IN COMPARISON TO 2021 2021 2022 video adverts 14 0 10 20 30 40 50 44 RADIO PROGRAMMES & ADVERTS AIRED Upon the enactment of the FTA,2022, the Commission also saw it necessary to conduct radio programmes on the SBC AM Radio.
The programmes were produced throughout the second half of the year.

In joint collaboration with the operations department of the Commission, in depth interviews were conducted where each department provided an overview of their work, the new provisions being enforced, the changes taking place and the provisions that have remained the same.

A total of 8 interviews were conducted in the year 2022, in comparison to 10 in 2021.

This shows a 20% decrease in the number of Radio Programmes achieved in 2022.
RADIO PROGRAMMES ACHIEVED IN 2022 IN COMPARISON TO 2021 2021 2022 Radio programmes 10 0 10 20 30 40 50 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T 8 PAGE 91 S T A T I S T I C S - E D U C A T I O N & NEWSPAPER ADVERTS & ARTICLES In 2022, a total of 17 adverts were published in the E-Today in Seychelles E-News paper following a contract signed in the second half of the year.
The 17 adverts were educational adverts on the New Law specifically the new provisions being enforced by the FTC.

In addition to these publications, on a monthly basis the Commission ensured that one article was published in the ‘Ozordi Dimans’ E- Newspaper every last Sunday of the month.

A total of 12 articles were published.

Hence in total, 29 contents were published in the newspaper in 2022 compared to 13 in 2021, comprising of both adverts and articles.
Hence an increase in the total amount of newspaper publications of 123.1% is observed to have been recorded in 2022.

NEWSPAPER ADVERTS & ARTICLES PUBLISHED IN 2022 IN COMPARISON TO 2021 2021 2022 13 Newspaper content 0 10 20 29 30 CONTRACTUAL AGREEMENT WITH FETCH As means of advocating on the FTA,2022, the Commission entered into a contract with Fetch (Pty.)
Ltd to air adverts on big screens located at the STC Hypermarket at Bois De Rose to allow for increased visibility and a successful advocating strategy.

In total, all throughout the second half of the year proceeding to 2023 a total of 20 adverts submitted for airings, capturing the different pertinent provisions or topics submitted by the Commission, that were seen as a concern or a topic to be concentrated on when providing education to the general public.
The contractual agreement is to end in February 2023.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 92 S T A T I S T I C S - E D U C A T I O N & PRESENTATIONS UNDERTAKEN A total of 3 presentations were conducted in the year 2022 by the Commission.
1 presentation was held with small enterprises through the Enterprise Seychelles Agency, 1 was held with the Seychelles Civil Aviation Authority staff on Fraud Risks, misrepresentation and misleading conducts and steps in Mitigating such actions in collaboration with the Central Bank of Seychelles.
The other presentation held in November, was conducted on Praslin at the Praslin Secondary School with the objective of introducing the Fair Trading Act, 2022 and bringing awareness on the functions and roles of the Commission.

OUTREACH PROGRAMMES In a joint collaboration with members of staff from the different departments, the Commission undertook a successful outreach Programme at the end of the year 2022.
Activities held for the Outreach campaign were – mainly Educational Quiz on SBC Paradise FM and FTC’s first ever road show on Praslin targeting both consumers and businesses as the outreach coincided with the World Competition Day.

In addition to the activities organised, to commemorate World Competition Day a Press Release was published in the Newspaper and onto the Commission’s social media pages.
C H A L L E N G E S This is a new unit which centralize the function of advocacy and education in the Commission.

This new approach therefore requires adaptation to processes.

Increasing costs for publication on print and other media platforms proves to be a challenge in terms of budget availability.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 93 S T A T I S T I C S - M S D E P A R T M E N T P L A N F O R N E X T Y E A R Continuously explore new platforms and opportunities to advocate and educate consumers and businesses.

Be present in the community, reaching out to consumers of all ages in their work place, schools and the places they frequent the most.

To have formulated and completed Leaflets that would be targeted at businesses and consumers and will focus on the Fair Trading Act, 2022.
Work closely with respective departments in formulation of a plan for the World Consumer Rights Day.

Work with the various departments to produce material targeting the most prominent breaches encountered.

Continue producing more content in relation to the new provisions of the Fair Trading Act, 2022 as means of educating consumers and businesses.

“Education breeds Confidence.

Confidence breeds hope.

Hope breeds peace.” — Confucius F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 94 TRAINING & DEVELOPMENT Local Training with the Legal Department Throughout the year internal trainings were organized with the Legal Department and the operations departments of the Commission.
The focus of the trainings were on areas such as: How to differentiate a site visit report from a Goods Verification report or how to ensure objectivity when discussing a case during Investigation to ensure that the independence of both departments during investigation and prosecution is safeguarded.
Amongst these internal trainings were trainings at the Attorney General’s office facilitated by Mr. Muhammad Saley, Relevant market training facilitated by EU-ESA through Trade Division and Competition Policy Training facilitated by EU-ESA were held targeting various departments of the Commission.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 95 Local Training provided by the EU-EDF Consultant Mr. Gangi With the Fair Trading Act, 2022 enacted on the 1st August 2022, it was found imperative for staff members to receive training with the objective of further empowering them in their roles by learning how to apply the provisions of the New Act.
Hence, local Trainings were held with the different operations department, where knowledge was shared on specific provisions of the Act based upon each specific department’s duties and responsibilities.

The trainings were provided by the EU-EDF Consultant Mr. Massimiliano Gangi.
In the Competition Department for example, the department had the opportunity to discuss its challenges with respect to Competition Investigations in Seychelles, restrictive business practices, and how to establish relevant market for investigation.

Media Training with Operculum headed by Mr. Patrick Muirhead F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 96 As public servants, the Commission believes its senior staff on the fore front , must be equipped with various skills and one of them is handling the Media.

Hence, a media Training course was organized with Operculum headed by Mr. Patrick Muirhead.

The aim of the training was to further empower the team in how to deliver a clear, concise and compelling message to the general public.
The training which started off with a presentation, proceeded with a practical session, where the team applied what they had learned.

An interesting session indeed.

Few of our Senior Officers in Action F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 97 TRAINING & DEVELOPMENT As part of the continuous relationship with international Bodies, the various departments of the Commission were also able to follow and participate in different virtual trainings held throughout the year.

The training sessions which helped to provide new insights and new approaches to Consumer Protection & Competition further empowered the team in their element.
Virtual Trainings followed by the Market Surveillance Department OECD , Arabic Consumer Protection Forum The Arabic Consumer Protection Forum held between the 24th to 25th May, was held with the aim of establishing an up-to-date knowledge sharing platform for consumer policy and enforcement.

It provided a platform for advancing knowledge for best practices in consumer protection and facilitating coordination at national, regional and international levels.
ICPEN 2021/2022 The ICPEN Best practices workshop, High Level meeting and Conference presided by the Portuguese Authority was held from the 25th to 27th of May 2022.

The Best practices workshop covered topics relating to; Best practices in the enforcement of pyramid promotional Schemes; How to run an effective sweep Dark Patterns – Finding and building a case; Tackling deceptive online review practice and revisiting ICPEN tools.
The High-level meeting was followed with a concluding assessment of the Portuguese Presidency.

The Presidency was then handed over to Australia and they presented their working agenda.

Speakers from the various member countries were also nominated for the 2022/2023 sessions.

Multilevel Marketing Challenge Conference The Multilevel marketing challenge conference was held from the 10th to 11th June 2022.
This virtual conference brings together expertise from regulators, prosecutors, former MLM distributors, social media consumer advocates, researchers, educators, and journalists to discuss ways to improve consumer protection and reduce consumer harm within the Multi-Level Marketing (MLM) industry.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 98 The sessions covered; truths in advertising and how some Distance selling industries self-regulate; worrying trends in MLM in view that increasingly Pyramid Selling schemes are modelling MLM in order to ‘legalize’ their scheme; and the difficulties that victims go through, especially with their self- esteem, as they recover from such schemes that tend to prey on financially vulnerable consumers.
Few Photographs taken during the virtual trainings, as our team was busy grasping knowledge.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 99 Virtual Trainings followed by the Competition Department COMESA Virtual Training on Restrictive Business Practices The training provided an overview of the techniques used to investigate competition cases and the use of search warrants, commonly referred to as dawn raids.
EPA & Trade Training on Competition Policy In this training, the consultant provided a presentation on the proper implementation of competition policy and competition enforcement.

ESA5 Preparatory Meeting - before Intersession and 8th Round The Competition Department attended a preparatory meeting concerning the EU/ESA Competition Policy.

EU-ESA Competition Policy Intersession In this session representatives in attendance reviewed the proposed texts for the Competition Policy that has been drafted.
Special African Competition Forum Meeting The forum focused primarily on the African Continental Free Trade Area’s (AfCFTA) Competition Protocol, which is currently undergoing development.

COMESA Virtual Training on Restrictive Business Practices In this training, participants learned more about the different interview techniques and procedures for Dawn raids.
Arab Competition Forum During the forum competition authorities, government officials, experts, and academics, both from within and outside the region had to opportunity to discuss the different lessons learned to build sound competition policies given the various competition challenges faced.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 100 COMESA workshop on Restrictive Business Practices The workshop focused on investigative and evidence-gathering techniques for case handlers.

COMESA workshop on Merger The workshop focused on the economic theories on the effects of mergers, analytical skills, and the history and development of mergers in digital markets.
ACF-AfCFTA Competition Policy Protocol In August 2022, the Department attended a virtual meeting concerning the Competition Policy Protocol for AfCFTA.Representatives of different States in Africa were in attendance to discuss the way forward regarding the Competition Policy Protocol as it is a central element in promoting trade, supporting industrialization, innovation, sustainable economic development and enhancing the overall welfare of the people.
Webinar Facilitated by Trade Division in collaboration with EU In line with the EU-ESA Negotiations, EU representative in conjunction with the Seychelles Trade Division provided training pertaining to competition matters.

10th Round of ESA5 - EU virtual meetings In this session the representatives in attendance reviewed the proposed texts for the Competition Policy that has been drafted.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 101 Virtual Trainings followed by the two Consumer Departments ICPEN Webinar on Alternative Dispute Resolution ICPEN Pyramid Promotional Schemes project titled: "Enforcement pathways and sanctioning policies" World Consumer Rights Day 2022 organized by COMESA Competition Commission.

The three trainings provided the staff with different procedures implemented by various countries for the gathering of evidence in the investigation process.
Additionally, the advocacy activities conducted were also shared amongst member states.

“A learning organization is an organization that is continually expanding its capacity to create its future."

— Peter Senge F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 102 TRAINING & DEVELOPMENT COMESA Regional Training WorkShop Ezulwini Eswatini (Former Swaziland) 27th - 30th June 2022 Mr. Yannick Lucas and Mr. Jean-Philip Esparon, Analysts of the Competition Department of the Commission attended the COMESA Regional Training Workshop, held in Ezulwini Eswatini (former Swaziland).

The workshops themed Restrictive Business Practices and Merger Assessment took place from the 27th to 30th June.
Internship at the Competition and Consumer Authority Gaborone, Botswana August 2022 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 103 Senior Analyst – Market Surveillance Department, Mrs. Frederika Confait – Poussou and the Education and Advocacy Officer, Ms. Debra Stravens completed a one-week internship at the Competition and Consumer Authority in Gaborone, Botswana.
The team was able to gather and exchange knowledge with the Communications & Stakeholder Relations and Investigations & Policy Research Departments.

Additionally, the officers had the opportunity to attend the African Competition Forum (ACF).

Over the two days, member states presented their country specific market inquiries into pharmaceuticals and data roaming.

They also conducted peer review of the various findings.
Under the FTA, 2022, the FTC now has the power to conduct market inquiries, therefore this was an opportuned time for our officers to learn from the more experienced jurisdictions.

African Competition Forum Technical Research Workshop 1st - 2nd of August 2022 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 104 Internship at the Competition and Consumer Protection Commission Zambia September 2022 Mrs. Anissa Hermitte and Ms. Amanda Michel, both Analysts from the Consumer Affairs Department attended a one-week Internship at the Competition and Consumer Protection Commission (CCPC) in Zambia.

The experience was described as very insightful.


For the week the team was attached to the Consumer Department where they were able to attend the process of Complaint Taking, and obtain a different insight to the Investigation Process.

It was noticed that there were some differences in the way that the CCPC conducted their investigation as compared to the Fair Trading Commission (FTC).

However, both worked towards their general aim of protecting consumers against unfair and unjust practices.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 105 African Continental Free Trade Area (AfCFTA) Meetings Tema, Ghana September 2022 As Competition Law and Policy gains more importance on the African continent it was deemed imperative by the African Continental Free Trade Area (AfCFTA) to embark on a project to conceive and implement a protocol concerned with the regulation/enforcement of Competition policy within the AfCFTA.
The First meeting of the Heads of Competition Authorities was held on 6th September 2022 in Tema, Ghana.

Subsequent to this meeting, the 6th meeting of the Committee on Competition Policy took place from the 7th to 16th September 2022 at the same venue in Tema, Ghana.

Mrs. Natalie Edmond, our Deputy CEO, represented the Commission and Country at these meeting.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 106 Internship at the Competition Commission Mauritius September 2022 The Competition Commission of Mauritius (“CCM”) is a statutory body established in 2009 to enforce the Competition Act 2007.

CCM, similar to the Commission, is mandated to investigate and assess restrictive business practices.
In September 2022, the Head of the Competition Department, Ms. Natasha Jumaye had the opportunity to spend five days in the unit relating to cartel investigations.

4th COMESA Consumer Protection Meeting Nairobi, Kenya October 2022 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 107 Mr. Curtis Naiken, Analyst in the Market Surveillance Department at the Commission had the pleasure of representing the FTC in the 4th COMESA Consumer Protection Meeting, held in Nairobi Kenya.

The meeting which was held from the 24th-25th October 2022 and focused on the ‘Framework for enhancing, monitoring & reporting of cross border conducts against Consumers in member states’. "
These experiences show us what's possible and challenge us to examine the paths we shall take in the future."

— Blake Mycoskie F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 108 WORLD CONSUMER RIGHTS DAY The World Consumer Rights Day is celebrated on the 15th March of every year to raise global awareness on consumers’ rights and needs.
To commemorate this year’s theme: ‘Fair Digital Finance’, the Commission joined with other stakeholders to create awareness and also organized a series of activities including adverts featured on the SBC, Radio games, articles, participation in the 'Topic konversasyon' on SBC TV and even an international webinar that saw the participation of the Commission, alongside other stakeholders such as the Central Bank of Seychelles.
International Webinar that saw the participation of the Commission alongside other stakeholders.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 109 In addition, to mark the occasion, Minister for Finance, Economic Planning and Trade, Mr. Naadir Hassan issued a Press Release with an interesting piece of message, giving meaning to the theme.
In said press release, it was made known, how Digital Finance had seen an explosion in growth in Seychelles, where numerous initiatives are being implemented by various banks.

The Minister concluded his message by stating: “In conclusion, from a consumer Rights perspective, efforts should be concentrated towards enabling decision makers to build a digital financial market place that is inclusive, safe, data protected and private, and sustainable for everyone”, basically leaving no one behind.
Prize Giving Ceremony To, close the commemoration week, a prize giving ceremony was organized to award the winners of the Radio Game.

The Prize Giving ceremony took place at the Commission’s office.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 110 INTRODUCTION OF THE FAIR TRADING ACT, 2022 Radio Interview - MAY 2022 The introduction of the Fair Trading Act, 2022 to the general public as part of the Education and Advocacy campaign started off towards the end of May 2022, where by the first launching was done through a Radio Interview featured on SBC AM where the Chief Executive Officer, Mr. Francis Lebon and the Education & Advocacy Officer, Ms. Debra Stravens participated in a radio interview.
The purpose of the interview was to provide a brief explanation on the Fair Trading Act, 2022, in terms of what it entailed and the Education and Advocacy Plan prepared by the Commission as part of the introduction of the Act.

President Wavel Ramkalawan assents the Fair Trading Act, 2022 - JUNE 2022 On the 13th June 2022, the President of the Republic, Mr. Wavel Ramkalawan assented the Fair Trading Act, 2022 during a ceremony held at State House.
The signature was witnessed by the Chief Justice, Mr. Ronny Govinden, Speaker of the National Assembly Mr. Roger Mancienne, Attorney General, Mr. Frank Ally and the Chief Executive Officer of the FTC, Mr. Francis Lebon and members of the FTC’s Management Team.

The New Law came as a result of the various changes which was occurring in the economic environment.
Hence, the Cabinet of Ministers approved for the Commission to review and strengthen components of the Fair Trading Commission Act, 2009, Fair Competition Act, 2009 and Consumer Protection Act, 2010.

The new Fair Trading Act, 2022 is a consolidation of the three previous Acts.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 111 President Wavel Ramkalawan assents to the The Management team proudly representing the FTA, 2022 Commission The FTC Management Team in a souvenir Photograph with the President and Vice-President Did you know Adverts - JUNE 2022 Swiftly after the assentment of the FTA, 2022, the Education and Advocacy Plan took off, where various educational Adverts were being aired on SBC TV and onto the FTC Facebook and Instagram page, as well as on the Website.
The aim of the Programme was to reach out to the public and businesses, to inform them of the changes taking place - for example: the new provisions that they should be aware of and their reinforced rights and obligations.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 112 Tete a tete (TV Programme) - JULY 2022 In addition to the Education and Advocacy programme that was taking place for the most part of the second semester of 2022, the FTC participated in the Tete a tete programme on SBC to provide an in- depth insight on the FTA,2022, and the changes to come.
4Degre Sid Programme - AUGUST 2022 As means of providing information to the public, a 4degree Sid documentary in collaboration with SBC was filmed to demonstrate our Internal Processes, specifically, the complaint taking segment which takes place at FTC.

Furthermore the same platform was used to advise on change and unchanged processes.

The FTC was fortunate to receive some dedicated staff members who participated in the programme to convey our message and portray the image we wished to showcase.
The documentary provided the Commission a good opportunity to establish its operations in line with the introduction of the FTA, 2022.

Presentation at the Praslin Secondary School - NOVEMBER 2022 We believe, that practices when taught young makes for empowered adult consumers.

The Fair Trading Commission strives to meet consumers and businesses where they are, in their workplace, school, business.
Hence, as part of its campaign of the Introduction of the new Act, the Commission gave a presentation on some of the new provisions of the Act with practical explanations to catch the attention of the S4 and S5 students of the Baie Ste Anne Praslin Secondary School.

The students also had the opportunity to share some of their experiences as young consumers.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 113 COLLABORATIVE WORK The Commission throughout the year has undertaken many collaborations with its various stakeholders both locally as well as Internationally.
A number of trainings were held and joint inspections were conducted, and the signing of a Memorandum of Understanding (MoU) with the Competition and Consumer Authority (CCA) of Botswana marked the beginning of another long-awaited partnership that is expected to yield positive results for both parties.
Presentation undertaken with Staff members of Enterprise Seychelles Agency (ESA) In May 2022, the Commission undertook a training presentation with the staff members of Enterprise Seychelles Agency (ESA), with the objective of further empowering them when it comes to advocating on Consumer Protection with their clients in the Business Development area.

The staff of ESA showed great participation and engagement.
Collaborative training between ESA and the Commission with Small enterprises Further to the successful training held with the staff, a joint training and presentation was held soon after with Small Enterprises where they were informed of Fair Trade Practices and how to conduct Fair Competition in the Seychelles Market.

The Presentation training titled “Legal Aspects of Doing Business in Seychelles’ provided the businesses with new insights and approaches to trade.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 114 Sessions carried out with Building Contractors “Pli mon ganny lenformasyon kler.

Pli I fasil pou mon fer biznes”.

The Fair Trading Commission, The Planning Authority, The Seychelles Licensing Authority and the Employment Department carried out a session with Building Contractors on the 27th April 2022 at the International Conference Centre of Seychelles.
The theme of the event was “Pli mon ganny lenformasyon kler.

Pli I fasil pou mon fer biznes”.

The primary aim of the forum was to bring to the attention of the Building Contractors the mandate and roles of the 4 Government institutions and the proposed amendments to licensing procedures and conditions.
Joint Inspection – Pharmacies In 2019, a taskforce was established between the Fair Trading Commission, Public Health Authority, Seychelles Bureau of Standards, Seychelles Licensing Authority and Seychelles Revenue Commission to conduct joint inspections.

On the 10th June 2022 the team joined forces and undertook a joint inspection in 14 pharmacies to ensure that they were complying with the provisions of the law.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 115 USALAMA – VIII In addition to the inspections that were conducted, the USALAMA – VIII yearly operation took place in September 2022.

The FTC together with its stakeholders undertook a number of inspections in different retail and wholesale outlets in all Regions on Mahe as well as on Praslin.
Areas inspected by the Commission led to the detection of several Unfair Trade Practices: such as Trade Description of the Goods not being in any of the three-languages prescribed by Law: English, French or Creole and goods that have reached their shelf- life.

The Commission values the relationship it holds with its Stakeholders and looks forward to many future collaborations.
Signing of Memorandum of Understanding (MoU) between the Competition & Consumer Authority of Botswana and the Fair Trading Commission The Chief Executive Officer, Mr. Francis Lebon officially signed a Memorandum of Understanding with the Competition and Consumer Authority in Botswana (CCA).

The ceremony held virtually, allowed the two parties to exchange a few words, paving the path to a long-awaited partnership.
By signing the MoU, the FTC and the CCA committed to strengthening their cooperative pursuit in the area of Competition and Consumer Law and will complement and leverage from each other’s organizations comparative advantage.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 116 To conclude the CEO of FTC pledged “that this MoU will not gather dust on the shelf BUT rather become one of the medium to enhance our organization’s growth”.
Training session held with Internal Auditors of the Seychelles Pension Fund The Competition Department of the Commission conducted a training presentation with Internal Auditors from the Seychelles Pension Fund.

The Training focused primarily on Competition and the provisions regarding Bid-Rigging aimed to further empower the team in their roles as internal auditors in ensuring all business processes remained risk management compliant.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 117 World Standards Day On the occasion of World Standards Day – 14th October 2022, the Commission on invitation by the Seychelles Bureau of Standards conducted a presentation entitled: ‘Standards, a Regulator’s Perspective’.

The aim of the presentation was to explain the collaborative relationship between the Seychelles Bureau of Standards and the FTC as regulators.
The Deputy Chief Executive Officer of the Commission, Mrs. Natalie Edmond shared the knowledge to the parties that were present on the day.

Presentation session on Fraud Risks and Mitigation with staff members of the Seychelles Civil Aviation Authority (SCAA) As part of its various contributions made towards the Financial Education Committee set up by the Central Bank of Seychelles, the FTC took part in an advocation training with the staff members of the Seychelles Civil Aviation Authority.
The presentation which was given by the Education and Advocacy Unit of the Commission alongside other departments, provided the staff with education on the types of Misleading and false representation conducts as is prescribed by the Fair Trading Act, 2022 and ways that it can be mitigated or prevented.

The Department touched upon: Pyramid Selling Scheme and how to differentiate it from Multi-Level Marketing.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 118 YEARLY OUTREACH & COMPETITION DAY This year, the World Competition Day, celebrated on the 5th December 2022, coincided with the Commission’s yearly outreach programme.

Each year the Commission conducts outreach programmes to meet the public where they are, inform them of their rights and obligations under the Law.
With the enactment of the Fair Trading Act, 2022 in August, it was found imperative to educate the public on some of the new Provisions of the Act.

To launch the programme, a press release aswell as adverts commemorating the World Competition Day was published in the Newspaper and onto the social media platforms of the Commission.
As part of the programme itself, the Commission held two main activities: one being a Quiz on Paradise FM Radio focusing on Competition and Consumer Laws and the main event being the Road show organized on Praslin Island.

Adverts Commemorating World Competition Day posted on our Social Media Page F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 119 Road Show on Praslin Island This year the Commission changed its outreach location, where instead of holding the event activities on Mahe the team stepped out and reached out to the Praslin Community in the form of a Road show, where the team scanned the two main districts of Praslin Island, being Baie Ste Anne and Grand Anse.
The Roadshow was found to be successful, where the public was very pleased and requested that it be organized once more in the near future.

On the day the outreach team was able to question the public on what they know about the FTC, whether they know where the Commission’s office on Praslin is, and provided education on the Fair Trading Act, 2022.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 120 To bring the outreach programme to a close in December of 2022, a Prize Giving ceremony was organized to award the ten (10) winners of the FTC Quiz held on Paradise FM.

The Commission remains committed to ensuring that the public as well as businesses is made aware of their rights and obligations under the Fair Trading Act (FTA), 2022 and will continue to strengthen its Education and Advocacy Plan for the coming years .
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 121 ACHIEVEMENTS This year, three members of staff, two from the Consumer Services Department and one from the Legal Affairs Department successfully completed their studies.

Mrs. Hanifa Eugenie, Ms. Dolores Barrack, both analysts and Ms. Priyanka Ramruchaya, Principal Legal Officer.
Mrs. Eugenie and Ms. Barrack successfully graduated in December 2022 with a Bachelor’s Degree in Business Administration with International Business with Upper class Honors.

As for Ms. Ramruchaya she successfully completed her Pupilage where in July 2022 she took her oath before Chief Justice Ronny Govinden and Judge Dodin, and has been admitted as an Attorney-at-Law before the Magistrate Court.

The Commission is proud of their achievements and congratulates them in achieving this milestone.
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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 122 TEAM BUILDING Due to the Covid-19 pandemic and the restrictions that were in place over the past two years, our team building sessions were limited to a certain extent.

However, in October 2022, the FTC organized a team building session in the form of a picnic at the Anse Parnelle Beach at Takamaka where many team building activities formed part of the day.
To mention a few, ‘Lapi -lapon’, egg and spoon and Tug of war were amongst the fun games which helped strengthen the good team spirit we share at FTC.

Although not all staff could make it on the day as few of them were undertaking their final examinations, the session still managed to turn out fantastic.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 123 END OF YEAR LUNCH As the year came to a close, with the help of the social Committee, the FTC was able to organize an end of year Lunch for its Staff.

The end of Year Lunch which took place at the La Gotha Restaurant provided the team the opportunity to celebrate amongst themselves and to thank the team of dedicated staff for their contributions, achievements and devotion over the past year.

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S C • 2 0 2 2 A N N U A L R E P O R T PAGE 124 F A I R T R A D I N G C O M M I S S I O N • W W W .

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S C • 2 0 2 2 A N N U A L R E P O R T MAHE: BLOCK B, THIRD FLOOR, UNITY HOUSE TEL: 4325250 PRASLIN: PENSION FUND COMPLEX, GRAND ANSE TEL: 4233109