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a tripartite report - Unctad

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ZIMBABWE<br />

Table 2: Number of Competition Matters Handled During 1999 - 2010<br />

Case Category 1999-2001 2002-2004 2005-2007 2008 2009 2010 Total<br />

Restrictive Practices 58 61 54 14 15 18 220<br />

Mergers and Acquisitions 24 78 81 16 9 14 222<br />

Competition Studies 9 12 13 2 1 1 38<br />

Totals 91 151 148 32 25 33 480<br />

(CTC Annual Report, 2010)<br />

strictive<br />

practices, unfair business practices and<br />

merger control. There is no separation of duties as<br />

to cartel, abuse of dominance and merger control<br />

cases.<br />

3.8.2.1 Restrictive Business Practices<br />

Since the effective commencement of the Commission’s<br />

operations in 1999, the Commission<br />

197<br />

has made decisions on a total of 100 competition<br />

cases involving restrictive and unfair business<br />

practices (inclusion of anticompetitive agreements,<br />

and abuse of dominance) from the Directorate’s<br />

preliminary investigations. Of those decisions, 59<br />

were made during the period 1999-2005, 29 during<br />

the period 2006-2009, and 12 during the period<br />

2010-2011. Table 3 shows the Commission’s<br />

decisions on restrictive business practices during<br />

the 1999-2011 period:<br />

Table 3: Commission Decisions on Restrictive Business Practices During 1999-2011 Period<br />

Period Commission Decision<br />

1999-2005<br />

2006-2009<br />

2010-2011<br />

Of the 59 cases made decisions on during the period 1999-2005, 14 were closed for lack of competition concerns, 8 were closed for<br />

lack of serious competition concerns, 8 were closed for lack of evidence to substantiate the allegations, 12 proceeded to the full-scale<br />

investigation stage, 10 were closed following conclusion of consent agreements, 4 were closed on discontinuation of alleged restrictive<br />

<br />

controls on the relevant products.<br />

Of the 29 decisions made on restrictive and unfair business practices during the period 2006-2009, 6 were on the closure of the case for<br />

<br />

for lack of serious competition concerns,4 on closure of the case on conclusion of consent agreements, 3 were on closure of the case for<br />

lack of competition concerns, 2 were on closure of the case for lack of jurisdiction, 1 was on closure of the case for discontinuation of the<br />

alleged restrictive practices, 1 was referred to other relevant authorities, and 1 was shelved pending lifting of government price controls<br />

on the relevant products.<br />

Of the 12 decisions on restrictive and unfair business practices made during the period 2010-2011, 4 were on proceeding the case to<br />

the full-scale investigation stage, 3 were to close the case for lack of competition concerns, 2 were to close the case for lack of evidence<br />

to substantiate the allegations, 1 was to close the case following conclusion of a consent agreement, 1 was to refer the case to the<br />

<br />

ZIMBABWE

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