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| '''Score = 16'''
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| ''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”).
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| <ref>http://www.globalcompetitionforum.org/regions/africa/Zimbabwe/Competition%20Amendment%20Act.pdf</ref>
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|
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| {| class="wikitable"
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| |-
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| ! Category !! Subcategory !! Score !! Comment
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|
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| |- class="categorydivision"
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| | Scope
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| | Extraterritoriality
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| | 1
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| | Article 3 of the Amended Act says that the Competition Act applies to all activities having an effect in Zimbabwe.
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|
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| |- class="categorydivision"
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| | Remedies
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| | Fines
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| | 1
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| | Article 29(7) of the Competition Act allows the Commission to fine for violations of the Act.
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|
| |
| |-
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| | Prison Sentences
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| | 1
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| | Article 29(7) of the Competition Act allows the Commission to impose imprisonment for violations of the act.
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|
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| |-
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| |
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| | Divestitures
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| | 0
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| |
| |
|
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| |- class="categorydivision"
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| | Private Enforcement
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| | 3rd Party Initiation
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| | 1
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| | Article 44 gives injured 3rd parties a right of action.
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|
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| |-
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| | Remedies Available to 3rd Parties
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| | 1
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| | Article 44 gives injured 3rd parties the right to collect damages.
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|
| |
| |-
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| | 3rd Party Rights in Proceedings
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| | 0
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|
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| |- class="categorydivision"
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| | Merger Notification
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| | Voluntary
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| | 0
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|
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| |-
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| | Mandatory
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| | 3
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| | Article 12 of the Amended Act requires notification of mergers.
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|
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| |-
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| | Pre-merger
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| | 0
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|
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| |-
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| | Post-merger
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| | 1
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| | Article 12 of the Amended Act requires that the notification occur within 30 days of the conclusion of the agreement.
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|
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| |- class="categorydivision"
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| | Merger Assessment
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| | Dominance
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| | 1
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| | Article 32(3) 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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|
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| |-
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| | Restriction of Competition
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| | 1
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| | 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.
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|
| |
| |-
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| |
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| | Public Interest (Pro D)
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| | 0
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|
| |
| |-
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| | Public Interest (Pro Authority)
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| | 1
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| | 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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|
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| |-
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| | Other
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| | 0
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|
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| |-
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| | Efficiency
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| | 1
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| | 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.
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|
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| |- class="categorydivision"
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| | Dominance
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| | Limits Access
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| | 0
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|
| |
| |-
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| |
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| | Abusive Acts
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| | 0
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| |
|
| |
| |-
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| | Price Setting
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| | 1
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| | Article 14 of the Amended Act adds predatory pricing to the list of prohibited agreements or monopolistic acts.
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|
| |
| |-
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| |
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| | Discriminatory Pricing
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| | 0
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| |
| |
|
| |
| |-
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| |
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| | Resale Price Maintenance
| |
| | 1
| |
| | Article 14 of the Amended Act adds resale price maintenance to the list of prohibited practices.
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|
| |
| |-
| |
| |
| |
| | Obstacles to Entry
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| | 0
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| |
| |
|
| |
| |-
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| |
| |
| | Efficiency Defense
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| | 0
| |
| |
| |
|
| |
| |- class="categorydivision"
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| | Restrictive Trade Practices
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| | Price Fixing
| |
| | 1
| |
| | Article 14 of the Amended Act adds predatory pricing to the list of prohibited agreements or monopolistic acts.
| |
|
| |
| |-
| |
| |
| |
| | Tying
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| | 0
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| |
| |
|
| |
| |-
| |
| |
| |
| | Market Division
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| | 0
| |
| |
| |
|
| |
| |-
| |
| |
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| | Output Restraint
| |
| | 0
| |
| |
| |
|
| |
| |-
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| |
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| | Market Sharing
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| | 0
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| |
| |
|
| |
| |-
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| |
| |
| | Eliminating Competitors
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| | 0
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| |
| |
|
| |
| |-
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| |
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| | Collusive Tendering/Bid-Rigging
| |
| | 1
| |
| | Article 6 of the First Schedule of the Competition Act prohibits bid rigging.
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|
| |
| |-
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| |
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| | Supply Refusal
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| | 0
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| |
|
| |
| |-
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| |
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| | Efficiency Defense
| |
| | 0
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| |
|
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| |}
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| == References ==
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| <references />
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