Zimbabwe 1996: Difference between revisions
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'''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”)(hereinafter referred to as “Amended Act”). | |||
{| class="wikitable" | |||
|- | |||
! Category !! Subcategory !! Score !! Comment | |||
|- class="categorydivision" | |||
| Scope | |||
| Extraterritoriality | |||
| 0 | |||
| | |||
|- 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 | |||
| 0 | |||
| | |||
|- | |||
| | |||
| Pre-merger | |||
| 0 | |||
| | |||
|- | |||
| | |||
| Post-merger | |||
| 0 | |||
| | |||
|- 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 14:50, 29 December 2007
Score = 15
Governed by: Competition Act of 1996[1] (hereinafter referred to as “Competition Act”)(hereinafter referred to as “Amended Act”).
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| 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 | ||
| 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 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| 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. | |
| 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 | ||
| 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
- ↑ United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf