a tripartite report - Unctad
a tripartite report - Unctad
a tripartite report - Unctad
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ZIMBABWE<br />
Section 5 (1) (f) that provide as “to provide information<br />
to interested persons on current policy<br />
with regard to restrictive practices, acquisitions<br />
and monopoly situations, to serve as guidelines<br />
<br />
5.1 Competition Advocacy and<br />
Public Education<br />
The CTC has done a few activities in this area. In<br />
2008, the CTC had been writing articles on competition<br />
law and publishing them in the local newspaper<br />
once a month, but the activity stopped in<br />
2010 for unexplainable reasons. During the same<br />
time, interviews where held at least twice in year<br />
on local Television channel and on the local radio<br />
station. The Director and the Assistant Director<br />
(competition) appeared on these media coverage.<br />
The other advocacy work done, was in conjunction<br />
with workshops on utility provision and public<br />
hearing workshops for cases before the CTC.<br />
Interview with the Zimbabwe Law Association<br />
(ZLA) showed that there was very little interaction<br />
between the two institutions; as such there have<br />
not been any established relationship. With regard<br />
to competition law practice, it was <strong>report</strong>ed that<br />
<br />
but business law practitioners were seen to be<br />
possible candidates for such specialization due to<br />
resemblance of the issues. It was further found out<br />
that, ZLA had not placed competition as a priority<br />
in its agenda, partly because there was no demand<br />
for such services from the market and also<br />
because the CTC had not been active in using the<br />
ZLA as a forum for promoting competition law<br />
practice.<br />
The ZLA considered the CTC to be doing a commendable<br />
job given the economic challenges that<br />
Zimbabwe went through. It was <strong>report</strong>ed that in<br />
the area of merger control, a lot of work has been<br />
done but there was either no non merger cases<br />
dealt with or not publicized. Regarding public protection<br />
of government monopolies, the CTC was<br />
thought of having limited enforcement powers<br />
being nick named “toothless bulldog”.<br />
The same sentiment was shared with Confederation<br />
of Zimbabwe Industries (CZI) which is an<br />
organization with a membership base of 1,350<br />
business mostly manufacturers and service pro-<br />
203<br />
viders and the Zimbabwe National Chamber of<br />
Commerce (ZNCC) an organization with 800 active<br />
members and 3,000 on their data base. The<br />
other ZNCC fora include Annual general meetings<br />
where 200 members are usually in attendance and<br />
the Newsletter distributed to 3,000 different entities<br />
in Zimbabwe and beyond.<br />
<br />
no established relationship between the CZI and<br />
the CTC and that it was their feeling that CTC has<br />
greater role to play and they have not met their<br />
obligation especially on protection of local industries.<br />
It was learnt during this interview that, there were<br />
policy issues emanating from the CTC’s duo (competition<br />
and tariff) mandate. CZI blamed the CTC<br />
for not doing enough to protect the local industry<br />
from foreign competition; even in highly concentrated<br />
industries such as the brewery. Without be-<br />
<br />
local manufactured beers, they put pressure from<br />
arbitral price rise; the CTC is on one hand supposed<br />
to promote this through competition and on the<br />
other side supposed to restrict the same beer import<br />
through tariff in support of local beer manufac-<br />
ing<br />
policy objective resulting from the co-existence<br />
of competition and tariff at the CTC.<br />
The academia has also been reached out sparingly;<br />
the CTC has once invited the University of<br />
Zimbabwe (Economics Department) to present a<br />
paper in a workshop on competition law. With the<br />
petition<br />
at both undergraduates and postgraduate<br />
levels.<br />
There are 49 under-graduate students out of which<br />
26 take elective business related courses such as<br />
Business Law, Commercial Law Company Law and<br />
Corporate Law. In terms of research, there have<br />
not been substantive dissertations in the area of<br />
competition other than three 4th year law students<br />
who have done research work on competition law<br />
<br />
It was also learnt that the university had no formal<br />
relationship with the CTC but it was opportune<br />
time to establish a competition law subject in the<br />
laws degree programme; and that the University is<br />
willing and eager to forge relationship with CTC in<br />
pursuit of this endeavor.<br />
ZIMBABWE