Zambia 1994: Difference between revisions
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JWSchneider (talk | contribs) New page: '''Score = 18''' ''Governed by:'' The Competition and Fair Trading Act Chapter 417 of the Laws of Zambia of 1994 (hereinafter referred to as “Competition Act”). <ref>http://www.globa... |
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''Governed by:'' The Competition and Fair Trading Act Chapter 417 of the Laws of Zambia of 1994 (hereinafter referred to as “Competition Act”). | ''Governed by:'' The Competition and Fair Trading Act Chapter 417 of the Laws of Zambia of 1994 (hereinafter referred to as “Competition Act”). | ||
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| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| Article 8(1) requires notification of mergers before they occur. | | Article 8(1) requires notification of mergers before they occur.<ref>Zambia Competition Commission pamphlet, http://www.zcc.com.zm/publications/Kno.pdf</ref> | ||
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| Pre-merger | | Pre-merger | ||
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| Article 8(1) requires notification of mergers before they occur. | | Article 8(1) requires notification of mergers before they occur.<ref>''Id.''</ref> | ||
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| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
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| | | Dominance is considered by the Zambian Competition Commission<ref>ZCC internal report, http://www.internationalcompetitionnetwork.org/media/library/conference_4th_bonn_2005/Paper_presented_George_Lipimilef.pdf</ref> | ||
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| Public Interest (Pro D) | | Public Interest (Pro D) | ||
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| | | A merger may be allowed to go forward if it "leads to more efficient use of resources, | ||
enhanced product portfolio and elaborate consumer choice."<ref>''Id.''</ref> | |||
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| Other | | Other | ||
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| | | "The Commission, in some instances, ''will authorize a dominant undertaking to acquired a failing competitor'' if there is cause that there will be more efficient use of resources which may be achieved through the merger or acquisition, and consequently convey substantial benefits to the community."<ref>This is from a Zambian Competition Commission report (http://www.globalcompetitionforum.org/regions/africa/Zambia/Competition%20Rules%20in%20Zambia.PDF)</ref> | ||
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| Efficiency | | Efficiency | ||
| | | 1 | ||
| | | The ZCC will consider an efficiency defense.<ref>ZCC internal report, http://www.internationalcompetitionnetwork.org/media/library/conference_4th_bonn_2005/Paper_presented_George_Lipimilef.pdf</ref> | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | The Act prohibits limiting access. | ||
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| Tying | | Tying | ||
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| | | Article 7(1) prohibits "agreeing to make contracts subject to unrelated conditions."<ref>''Id.''</ref> | ||
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Latest revision as of 13:35, 12 October 2007
Score = 20
Governed by: The Competition and Fair Trading Act Chapter 417 of the Laws of Zambia of 1994 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 7(1) says that the Article 7 prohibitions apply to anything that has an effect on competition in Zambia. |
| Remedies | Fines | 1 | Article 8 imposes large fines and imprisonment for merging without permission. |
| Prison Sentences | 1 | Article 8 imposes large fines and imprisonment for merging without permission. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 8(1) requires notification of mergers before they occur.[2] | |
| Pre-merger | 2 | Article 8(1) requires notification of mergers before they occur.[3] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Dominance is considered by the Zambian Competition Commission[4] |
| Restriction of Competition | 1 | The Commission looks at the effects of the merger on competition. | |
| Public Interest (Pro D) | 1 | A merger may be allowed to go forward if it "leads to more efficient use of resources,
enhanced product portfolio and elaborate consumer choice."[5] | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | "The Commission, in some instances, will authorize a dominant undertaking to acquired a failing competitor if there is cause that there will be more efficient use of resources which may be achieved through the merger or acquisition, and consequently convey substantial benefits to the community."[6] | |
| Efficiency | 1 | The ZCC will consider an efficiency defense.[7] | |
| Dominance | Limits Access | 1 | The Act prohibits limiting access. |
| Abusive Acts | 1 | Article 7 prohibits several abusive acts by dominant undertakings. | |
| Price Setting | 1 | Article 7(2)(a) prohibits cost pricing. | |
| Discriminatory Pricing | 1 | Article 7(2)(b) prohibits discriminatory pricing. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 7 prohibits acts that create obstacles to entry. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 9(3)(a) prohibits price fixing. |
| Tying | 1 | Article 7(1) prohibits "agreeing to make contracts subject to unrelated conditions."[8] | |
| Market Division | 1 | Article 9(3)(c) prohibits market or customer allocation agreements. | |
| Output Restraint | 0 | ||
| Market Sharing | 1 | Article 9(3)(d) prohibits allocation by quota as to sales an production. | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 9(3)(b) prohibits collusive tendering. | |
| Supply Refusal | 1 | Article 9(3)(f) prohibits supply refusals. | |
| Efficiency Defense | 0 |
References
- ↑ http://www.globalcompetitionforum.org/regions/africa/Zambia/COMPETITION%20anDFAIR%20TRADING%20ACT.PDF
- ↑ Zambia Competition Commission pamphlet, http://www.zcc.com.zm/publications/Kno.pdf
- ↑ Id.
- ↑ ZCC internal report, http://www.internationalcompetitionnetwork.org/media/library/conference_4th_bonn_2005/Paper_presented_George_Lipimilef.pdf
- ↑ Id.
- ↑ This is from a Zambian Competition Commission report (http://www.globalcompetitionforum.org/regions/africa/Zambia/Competition%20Rules%20in%20Zambia.PDF)
- ↑ ZCC internal report, http://www.internationalcompetitionnetwork.org/media/library/conference_4th_bonn_2005/Paper_presented_George_Lipimilef.pdf
- ↑ Id.