Zimbabwe 2001

Score = 15

Governed by: Competition Act of 1996 (hereinafter referred to as “Competition Act”) as amended by Amended Competition Act of 2001 (hereinafter referred to as “Amended Act”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article 3 of the Amended Act says that the Competition Act applies to all activities having an effect in Zimbabwe.
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	3	Article 12 of the Amended Act (amending Article 34A of the original 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.
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. Section 2 defines "restrictive practice" as one "enhancing or maintaining the price of any commodity or service"
	Tying	0
	Market Division	0
	Output Restraint	1	Section 2 defines "restrictive practice" as one "restricting the production or distribution of any commodity or service"
	Market Sharing	0
	Eliminating Competitors	1	Section 2 defines "restrictive practice" as one "preventing or restricting the entry into any market of persons producing or distributing any commodity or service"
	Collusive Tendering/Bid-Rigging	1	Article 6 of the First Schedule of the Competition Act prohibits bid rigging.
	Supply Refusal	0
	Efficiency Defense	0