a tripartite report - Unctad

ZAMBIA
1.3 National Competition and
Consumer Policy
The formulation of Zambia’s national competition
and consumer policy was completed in 2009, 15
years after the coming into force of the country’s
competition law through the Competition and Fair
Trading Act, 1994. Normal practice is that the formulation
of competition policy precedes the drafting of
competition law because the law should be based
on the policy. The enactment of governing laws before
the formulation of the base policies seems to
be a common practice in the regulatory sector of
Zambia. For example, the Investment Act, 1993 was
also enacted before the formulation of the investment
policy 119 , and the enactment of the Citizens
Economic Empowerment Act, 2006 preceded the
formulation of the economic empowerment policy,
which is still being formulated 120 . The reasons given
the actors to apply it, and assessing the economic
importance of a policy through the effective enforcement
of the law before formalizing the policy.
1. Mergers and Acquisitions
To prevent the creation of a market
structure that can lead to a likely
substantial lessening of competition and/or
abuse of dominance.
2. Abuse of Dominance
To prevent likely and remedy existing
abuse of dominant position of market
power.
3. Essential Facilities
To ensure equitable and affordable access
to the facility by potential and actual users.
4. Restrictive Business Practices
To monitor, control and prohibit business
conducts that are likely to prevent, restrict
or distort competition in
Zambia.
103
A comprehensive competition policy should
take into account all government policies that
promote as well as restrict competition. It therefore
should extend beyond traditional competition
law. In any country there are several pieces
competition law, which must be taken into account
in a comprehensive competition policy. In
addition to traditional competition law, these include
trade and industrial policies, privatization
and investment policies, sector regulation, and
consumer protection.
Zambia’s national competition and consumer policy
as approved by Cabinet comprehensively covers
the main elements. 121 Its vision is: To develop
and facilitate an enabling national growth environ-
provides for procedural fairness and for the protection
of the competitive process and consumers.
The objectives and strategies of Zambia’s national
competition and consumer policy are summarized
below:
•
to ensure that only mergers that are likely to adversely affect
competition notify.
•
• The ZCC shall consult stakeholders in merger assessment.
•
preserve of the ZCC.
• Undertaking research studies and using appropriate
analytical tools to identify abuse of dominance and make
informed decisions.
• Put in place enforcement mechanisms that would deter the
persons from abuse of dominant position of market power.
• Publication of access guidelines such as minimum cost,
timetable for access to the facility, timeframe be more
• The ZCC should regularly monitor the implementation of the
guidelines.
• Put in place adequate enforcement mechanisms that will
enable the relevant authorities prohibit and deter restrictive
business conduct.
• Sensitization of consumers and businesses regarding their
rights and obligations under relevant legislation.
• Undertaking research studies and using appropriate
analytical tools to identify abuse of dominance and market
informed decisions.
ZAMBIA