a tripartite report - Unctad

122 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
Box 9: Standard Operational Procedure in a Merger Case
(i) The Act provides that a merger assessment should be completed within a period of 90 days from the date of
application with possible extension a maximum of 30 days.
(iii) Record on Investigations Authorization Form.
(v) Executive Director makes decision as to whether to pursue the matter.
(vi) The Commission issues invoice to parties.
(viii) Relevant statutory fees are paid.
(xi) Opposition Procedure, i.e., Third Party views.
(xiii) Director submits report to the Executive Director.
(xiv) Executive Director submits the preliminary report to the Technical Committee of the Board of Commissioners
warrant. The Board may: (i) reject the application; (ii) approve the application unconditionally; (iii) approve
the application conditionally.
NB: The Commission may where necessary issue directions to parties to a merger to (a) remedy, mitigate or
prevent the substantial lessening of competition; and (b) remedy, mitigate or prevent any adverse effects that
have resulted from, or are likely to result from, the substantial lessening of competition.
(xv) If the parties do not agree with Board decision, they have 30 days to appeal to the Competition and
Consumer Protection Tribunal.
Source: Operations Manual, Directorate of Mergers and Monopolies, Zambia Competition and Consumer Protection Commission, 2011.
In a typical merger case, pertinent areas covered
include: (i) legal provisions and assessment tests
(i.e., the relevant provisions of the Act, and the
effect, dominance and public interest tests); (ii)
investigations conducted (i.e., methodology); (iii)
etc.); (iii) competition analysis and relevant observations;
(iv) conclusions; and (v) recommendations.
As an example, Box 10 below shows the Executive
Summary of the report on the proposed merger
between Cena Farms Zambia Limited and Mount
Isabelle Limited.
Box 10: Executive Summary of Staff Paper Report on Proposed Merger between Cena Farms
Zambia Limited and Mount Isabelle Limited
Background
The Competition and Consumer Protection Commission on 12th May, 2010 received an application from Chibesakunda
and Company concerning an application for authorization of a merger between Cena Farms Zambia Limited
(“Cena Farms”) and Mount Isabelle Limited (“Mount Isabelle”) herein referred to as the parties. The proposed
transaction entails that Cena Farms will acquire 100 per cent of Mount Isabelle at a purchase price of [ ].
The parties have submitted that Cena Farms was incorporated in Zambia in 2009 under the Companies Act Cap
No 4647 Beit Road in Lusaka while their business address is at Farm No. 2644 in Mkushi. The principal activity of the