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

  1. United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/zimbabwe.pdf