a tripartite report - Unctad

ZAMBIA
“horizontal agreement” means an agreement between enterprises each of which operates, for the purpose of the
agreement, at the same level of the market and would normally be actual or potential competitors in that market;
“market” in relation to any goods or services, includes a market for those goods or services and other goods or
services that are substitutable for, or otherwise competitive with, the goods or services;
“merger” has the meaning assigned to it in section twenty-four;
“per se” in relation to a prohibited practice, means a practice which is prohibited in all circumstances so that it is not
necessary for the Commission to demonstrate that it has anticompetitive effects;
“professional association” means the controlling body established by, or registered under, any law, or recognized by
“regulator” means a regulatory body or agency, or a government department that exercises functions of prudential,
technical or economic regulation on the basis of statutory powers;
“statutory monopoly” means a commercial undertaking or an activity conducted by an entity, whether or not
owned wholly or partly by the State, on the basis of statutory provisions that preclude other entities from conducting
the same activity;
“undertaking” means a commitment, promise or other future conduct that a person or enterprise provides to the
Commission in order to address any concern raised by the Commission; and
“vertical agreement” means an agreement between enterprises each of which operates, for the purposes of the
agreement, at a different level of the production or distribution chain and relates to the conditions under which the
parties may purchase, sell or resell certain goods or services.
Source: Competition and Consumer Protection Act, 2010.
competition terms will go a long way in resolving
some of the implementation problems experienced
by the ZCC that were enunciated by
the former Commission’s competition practitioners,
particularly problems that were encountered
in the interpretation of terms such as ‘concerted
practice’ and ‘vertical agreements’, and the treatment
of practices associated with those terms.
tant
in the exchange of information cooperation
with other competition authorities. Zambia cooperates
with all competition authorities in the SADC
and COMESA regions in exchange of information
on the implementation of competition policy and
law, and that cooperation had been hampered,
and continues to be hampered, by the lack of le-
formation.
123
Act is comprehensive enough. On one hand it includes
intermediary users of raw materials, for the
purposes of restrictive business and anticompeti-
109
tive trade practices, and thus protects small and
medium-sized undertakings from the abuses of
larger enterprises. On the other hand it is limited
ations
other hand for the purposes of restrictive
business and anticompetitive trade practices. It is
however noted that some stakeholders in Zam-
limited. 124
correctly in the meaning contemplated in the Act,
as a commitment or promise provided to the Commission
by a person or enterprise to address any
competition concern raised by the Commission,
a commercial enterprise in some other competition
laws in the region, such as those of Namibia,
Zimbabwe, and COMESA 125 . This might therefore
confuse the use of the term in the Commission’s
cooperation arrangements with other competition
authorities in the region. It is however not being
Act should be changed in line with some competition
legislations in the region. Zambia has enforced
ZAMBIA