A Horizontal Agreement is an agreement between enterprises each of which operates, for the purpose of the agreement, in the same market and would therefore normally be actual or potential competitors in the market.

In terms of section 45(1) of the Competition Act, Act No. 4 of 2018 (the Competition Act), a merger occurs when one or more enterprises directly or indirectly acquires or establishes direct or indirect control over the whole or part of the business of another enterprise.

A monopoly is the occupation of a dominant position in an industry by one company to the exclusion of all other competitors. Simply put, a monopoly is a single company that dominates an industry

The CCA does not define what constitutes anti-competitive behavior. However, what amounts to competitive behavior can be gleaned from the provisions of the Competition Act which prohibit the conclusion of horizontal and vertical agreements.These can broadly be defined to include behavior that limits competition, either through:

The Competition Act, Act No. 4 of 2018 (the Competition Act), together with the Competition Regulations, S.I No 154 of 2019 (Regulations), is the primary legislative source governing competition law in Botswana. It was published on the 20th of April 2018 and commenced operation on the 2nd of December 2019, wholly replacing the previous Competition Act [Cap 46:09]

Section 57 of the Competition Act dictates that anyone who is aggrieved with the decision of the Competition and Consumer Authority may lodge an appeal with the Competition and Consumer Tribunal within 60 days from the date of the decision.