Zimbabwe 2001 - Revision history

HCargill at 20:38, 15 July 2008

2008-07-15T20:38:34Z

← Older revision		Revision as of 20:38, 15 July 2008
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	''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).		''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).
	<ref>http://www.globalcompetitionforum.org/regions/africa/Zimbabwe/Competition%20Act.pdf</ref>		<ref>statute available at http://www.globalcompetitionforum.org/regions/africa/Zimbabwe/Competition%20Act.pdf</ref>

	{\| class="wikitable"		{\| class="wikitable"

HCargill at 18:42, 14 July 2008

2008-07-14T18:42:55Z

← Older revision		Revision as of 18:42, 14 July 2008
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	\|		\|
	\| Supply Refusal		\| Supply Refusal
	\|		\| 0
	\|		\|

HCargill at 18:42, 14 July 2008

2008-07-14T18:42:12Z

← Older revision		Revision as of 18:42, 14 July 2008
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	'''Score = 21'''		'''Score = 23'''

	''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).		''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).

HCargill at 18:33, 14 July 2008

2008-07-14T18:33:57Z

← Older revision		Revision as of 18:33, 14 July 2008
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	\|		\|
	\| Other		\| Other
	\| 0		\| 1
	\|		\| Article 324a(h) requires the Commission to consider whether a company is failing or likely to fail in considering whether to allow a merger.

	\|-		\|-

HCargill at 18:32, 14 July 2008

2008-07-14T18:32:09Z

← Older revision		Revision as of 18:32, 14 July 2008
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 31(2) specifies that mergers contrary to the public interest must not be allowed. Article 32 provides a list of factors which will aid in determining whether a merger is beneficial or harmful to the public ~~good~~.		\| Article 31(2) specifies that mergers contrary to the public interest must not be allowed. Article 32 provides a list of factors which will aid in determining whether a merger is beneficial or harmful to the public.

	\|-		\|-

HCargill: rescored

2008-07-14T18:31:01Z

rescored

← Older revision		Revision as of 18:31, 14 July 2008
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	'''Score = 17'''		'''Score = 21'''

	''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).		''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| Article 29(7) of the Competition Act allows the Commission to impose imprisonment for violations of the act.		\| Article 29(7) of the Competition Act allows the Commission to impose imprisonment for violations of the act, as does article 42(3).

	\|-		\|-
	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 31(2)(b) and 31(2)(d) permit the Commission to force divestment of unauthorized mergers and monopolies.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| Article 44 gives injured 3rd parties the right to collect damages.		\| Article 44 gives injured 3rd parties the right to collect damages for certain business practices.

	\|-		\|-
	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 0		\| 1
	\|		\| Article 28(2) requires the Commission to allow interested parties to make written submissions to the Commission about investigations, but Article 36(1) allows the Commission to bypass this requirement for merger applications if it believes that accepting submissions would be counterproductive.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article 32(3) defines a merger that is contrary to the public interest as one that is likely to result in a monopoly situation.		\| Article 32(4) defines a merger that is contrary to the public interest as one that is likely to result in a monopoly situation.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article 32(~~1)(a~~) of the Competition Act says that in assessing a merger the Commission must ~~take into consideration the interest in maintaining and promoting~~ competition.		\| Article 32(4) of the Competition Act says that in assessing a merger the Commission must consider its effect on competition.

	\|-		\|-
	\|		\|
	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 0		\| 1
	\|		\| Article 31(2) specifies that mergers contrary to the public interest must not be allowed. Article 32 provides a list of factors which will aid in determining whether a merger is beneficial or harmful to the public good.

	\|-		\|-
	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 0
	\| ~~Article 32(1) of the Competition Act tells the Commission to consider whether the merger will be contrary to the public interest.~~		\|

	\|-		\|-
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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| Article 32(1)(c) ~~of the Competition At says that the Commission can take into account~~ the ~~reduction of costs and development~~ of ~~new technologies~~.		\| Article 32(5)(a) would allow for the creation of a monopoly, if such monopoly granted substantial efficiency benefits.

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Dominance		\| Dominance
	\| Limits Access		\| Limits Access
	\| 0		\| 1
	\|		\| Article 2(1) lists any party limiting market access as a restrictive trade practice subject to regulation.

	\|-		\|-
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article ~~14 of the Amended Act adds predatory pricing~~ to ~~the list of prohibited agreements or monopolistic acts~~.		\| Article 2(1) lists price setting as a restrictive practice, subject to regulation.

	\|-		\|-
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| Article 14 of the ~~Amended Act adds~~ resale price maintenance ~~to the list of prohibited practices~~.		\| Article 9 of the First Schedule bans resale price maintenance.

	\|-		\|-
	\|		\|
	\| Obstacles to Entry		\| Obstacles to Entry
	\| 0		\| 1
	\|		\| Article 2(1) lists the creation of obstacles to entry as a restrictive trade practice, subject to regulation.

	\|-		\|-
	\|		\|
	\| Efficiency Defense		\| Efficiency Defense
	\| 0		\| 1
	\|		\| Article 32(2) offers a limited efficiency defense for certain restrictive trade practices, however Article 32(3) precludes the defense for practices labeled as unlawful trade practices.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\|		\|
	\| Tying		\| Tying
	\| 0		\| 1
	\|		\| Article 2(1) bans tied sales.

	\|-		\|-
	\|		\|
	\| Market Division		\| Market Division
	\| 0		\| 1
	\|		\| Article 7 of Schedule 1 of the statute bans market sharing.

	\|-		\|-
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	\| Output Restraint		\| Output Restraint
	\| 1		\| 1
	\| Section 2 defines "restrictive practice" as one "restricting the production or distribution of any commodity or service"		\| Section 2 defines "restrictive practice" as one "restricting the production or distribution of any commodity or service." Article 7 of the First Schedule also bans output restraint.

	\|-		\|-
	\|		\|
	\| Market Sharing		\| Market Sharing
	\| 0		\| 1
	\|		\| Article 7(1)(b) of the First Schedule bans market sharing.

	\|-		\|-
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	\|		\|
	\| Supply Refusal		\| Supply Refusal
	\| 0		\|
	\|		\|

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	\|		\|
	\| Efficiency Defense		\| Efficiency Defense
	\| 0		\| 1
	\|		\| Article 32(2)(b) provides for a limited efficiency defense, but it is not effective for practices banned in the First Schedule.

	\|}		\|}

Kajrozga at 15:22, 29 December 2007

2007-12-29T15:22:55Z

← Older revision		Revision as of 15:22, 29 December 2007
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	'''Score = 17'''		'''Score = 17'''

	''Governed by:'' Competition Act of 1996~~<ref>United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf</ref>~~ (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).		''Governed by:'' Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).
	<ref>http://www.globalcompetitionforum.org/regions/africa/Zimbabwe/Competition~~%20Amendment~~%20Act.pdf</ref>		<ref>http://www.globalcompetitionforum.org/regions/africa/Zimbabwe/Competition%20Act.pdf</ref>

	{\| class="wikitable"		{\| class="wikitable"

Kajrozga at 15:16, 29 December 2007

2007-12-29T15:16:44Z

← Older revision		Revision as of 15:16, 29 December 2007
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	'''Score = 15'''		'''Score = 17'''

	''Governed by:'' Competition Act of 1996<ref>United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf</ref> (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).		''Governed by:'' Competition Act of 1996<ref>United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf</ref> (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).

Kajrozga at 15:16, 29 December 2007

2007-12-29T15:16:18Z

← Older revision		Revision as of 15:16, 29 December 2007
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 14 of the Amended Act adds predatory pricing to the list of prohibited agreements or monopolistic acts.		\| Article 14 of the Amended Act adds predatory pricing to the list of prohibited agreements or monopolistic acts. Section 2 defines "restrictive practice" as one "enhancing or maintaining the price of any commodity or service"

	\|-		\|-
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	\|		\|
	\| Output Restraint		\| Output Restraint
	\| 0		\| 1
	\|		\| Section 2 defines "restrictive practice" as one "restricting the production or distribution of any commodity or service"

	\|-		\|-
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	\|		\|
	\| Eliminating Competitors		\| Eliminating Competitors
	\| 0		\| 1
	\|		\| Section 2 defines "restrictive practice" as one "preventing or restricting the entry into any market of persons producing or distributing any commodity or service"

	\|-		\|-

AchalOza at 13:36, 12 October 2007

2007-10-12T13:36:31Z

← Older revision		Revision as of 13:36, 12 October 2007
Line 1:		Line 1:
	'''Score = 16'''		'''Score = 15'''

	''Governed by:'' Competition Act of 1996<ref>United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf</ref> (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).		''Governed by:'' Competition Act of 1996<ref>United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf</ref> (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).