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a tripartite report - Unctad

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ZAMBIA<br />

Consumer Policy and Law Committee (CCOPOLC)<br />

has been established to implement the system of<br />

cooperation. The competition authority of Zambia<br />

actively participates in that Committee.<br />

The CCOPOLC meets at least once a year to enable<br />

SADC member States to exchange views on the<br />

status of competition and consumer policy in their<br />

respective countries. The Committee is currently<br />

pre-occupied with the harmonization of national<br />

competition laws in the region. Capacity building is<br />

one of the key components of the regional competition<br />

policy programme to facilitate the development<br />

and implementation of competition and consumer<br />

laws and policies in member States. In that regard,<br />

member States have cooperated with each other in<br />

the application of competition and consumer protection<br />

laws. So far, Seychelles, Swaziland, and Namibia<br />

have been given technical assistance under<br />

the SADC programme in the establishment of their<br />

competition authorities. The technical assistance<br />

was given by the other older competition authorities<br />

in the region, those of Zambia and Zimbabwe.<br />

Regional training workshops on competition law<br />

and policy are also a regular feature of the SADC<br />

competition cooperation programme. The fourth<br />

such workshop was held in Gaborone, Botswana in<br />

June 2011. The main purpose of the workshop was<br />

to impart the requisite practical skills necessary to<br />

effectively enforce national competition laws, foster<br />

dialogue, share enforcement experience and best<br />

practices. It was facilitated by regional and international<br />

resource persons who led discussions and<br />

presented on key topics, such as: (i) essentials of the<br />

investigative process; (ii) abuse of dominance; (iii)<br />

intellectual property and competition policy; and<br />

(iv) competition policy and consumer welfare.<br />

The competition authority of Zambia is a founding<br />

member of the Southern and East African Competition<br />

Forum (SEACF). At its formation in 2002, the<br />

<br />

countries (Kenya, South Africa, the United Republic<br />

of Tanzania, Zambia and Zimbabwe). It has since<br />

grown to include those countries in the region that<br />

have adopted competition policies and laws, and<br />

established competition authorities (i.e., Botswana,<br />

Malawi, Mauritius, Namibia, Seychelles, and Swaziland)<br />

The primary objectives of the Forum include<br />

close cooperation between its members on<br />

general competition policy issues, cooperation in<br />

respect of investigations, assisting each other on<br />

161<br />

capacity building, and formulating common positions,<br />

where possible, on competition policy and<br />

law discussions in international forums. The Zambian<br />

competition authority has always been in the<br />

Executive Committee of the Forum, and currently<br />

holds the chairmanship.<br />

SEACF has however not been very active in the<br />

undertaking of its programmes, apart from holding<br />

periodic meetings with the assistance of UNC-<br />

TAD back-to-back with annual meetings of the Intergovernmental<br />

Group of Experts on Competition<br />

Law and Policy (IGE) in Geneva, mainly because of<br />

lack of funding. The older members of the Forum,<br />

particularly the competition authorities of South<br />

Africa, Zambia and Zimbabwe, have however<br />

individually assisted the newer members in the<br />

handling of competition cases. The establishment<br />

of the African Competition Forum (ACF) puts the<br />

continued existence of SEACF in doubt.<br />

The Zambian competition authority has been actively<br />

involved in the formation of the ACF right<br />

from the inception of that cooperation programme,<br />

and is in the Steering Committee of the Forum.<br />

At a bilateral level, the former ZCC, and now the<br />

CCPC, has informally cooperated with a number<br />

of other competition authorities, particularly in<br />

exchange of information, case handling, and staff<br />

exchanges. The cooperation has mainly been with<br />

the following competition authorities: the Bun-<br />

<br />

<br />

<br />

Kingdom, the Norwegian Competition Authority,<br />

the Australian Competition and Consumer Commission,<br />

the Competition Commission South Africa,<br />

the Namibian Competition Commission, the<br />

Competition and Tariff Commission of Zimbabwe,<br />

the Monopolies and Prices Commission of Kenya,<br />

the Competition and Fair Trading Commission of<br />

Malawi, the Fair Competition Commission of the<br />

United Republic of Tanzania, to name just a few.<br />

6.2 Technical Assistance<br />

The Zambian competition authority has received<br />

valuable technical assistance from various cooperating<br />

partners since its inception. In that regard,<br />

UNCTAD’s capacity building and technical<br />

assistance programme has played a prominent<br />

role.<br />

ZAMBIA

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