Zimbabwe 1996: Difference between revisions

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New page: '''Score = 16''' ''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> (her...
 
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'''Score = 16'''


''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”).
<ref>http://www.globalcompetitionforum.org/regions/africa/Zimbabwe/Competition%20Amendment%20Act.pdf</ref>
{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment
|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 3 of the Amended Act says that the Competition Act applies to all activities having an effect in Zimbabwe.
|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 29(7) of the Competition Act allows the Commission to fine for violations of the Act.
|-
|
| Prison Sentences
| 1
| Article 29(7) of the Competition Act allows the Commission to impose imprisonment for violations of the act.
|-
|
| Divestitures
| 0
|
|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 44 gives injured 3rd parties a right of action.
|-
|
| Remedies Available to 3rd Parties
| 1
| Article 44 gives injured 3rd parties the right to collect damages.
|-
|
| 3rd Party Rights in Proceedings
| 0
|
|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|
|-
|
| Mandatory
| 3
| Article 12 of the Amended Act requires notification of mergers.
|-
|
| Pre-merger
| 0
|
|-
|
| Post-merger
| 1
| Article 12 of the Amended Act requires that the notification occur within 30 days of the conclusion of the agreement.
|- class="categorydivision"
| Merger Assessment
| Dominance
| 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.
|-
|
| Restriction of Competition
| 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.
|-
|
| Public Interest (Pro D)
| 0
|
|-
|
| Public Interest (Pro Authority)
| 1
| Article 32(1) of the Competition Act tells the Commission to consider whether the merger will be contrary to the public interest.
|-
|
| Other
| 0
|
|-
|
| Efficiency
| 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.
|- class="categorydivision"
| Dominance
| Limits Access
| 0
|
|-
|
| Abusive Acts
| 0
|
|-
|
| Price Setting
| 1
| Article 14 of the Amended Act adds predatory pricing to the list of prohibited agreements or monopolistic acts.
|-
|
| Discriminatory Pricing
| 0
|
|-
|
| Resale Price Maintenance
| 1
| Article 14 of the Amended Act adds resale price maintenance to the list of prohibited practices.
|-
|
| Obstacles to Entry
| 0
|
|-
|
| Efficiency Defense
| 0
|
|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 14 of the Amended Act adds predatory pricing to the list of prohibited agreements or monopolistic acts.
|-
|
| Tying
| 0
|
|-
|
| Market Division
| 0
|
|-
|
| Output Restraint
| 0
|
|-
|
| Market Sharing
| 0
|
|-
|
| Eliminating Competitors
| 0
|
|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 6 of the First Schedule of the Competition Act prohibits bid rigging.
|-
|
| Supply Refusal
| 0
|
|-
|
| Efficiency Defense
| 0
|
|}
== References ==
<references />

Revision as of 20:22, 23 July 2007