Zambia 1994: Difference between revisions
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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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| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
| | | 1 | ||
| | | 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) | ||
| | | 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."<ref>''Id.''</ref> | |||
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| Efficiency | | Efficiency | ||
| | | 1 | ||
| | | The ZCC will consider an efficiency defense.<ref>''Id.''</ref> | ||
|- class="categorydivision" | |- class="categorydivision" | ||
Revision as of 20:16, 23 July 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 | 0 | ||
| Efficiency | 1 | The ZCC will consider an efficiency defense.[6] | |
| Dominance | Limits Access | 0 | |
| 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."[7] | |
| 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.
- ↑ Id.
- ↑ Id.