a tripartite report - Unctad

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of South Africa, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Zambia, and the Republic
of Zimbabwe. More than half of the SADC countries have adopted competition policies and laws at national level, and
established competition authorities to implement the policies and laws. These are Botswana (2009), Malawi (1995), Mauritius
(2007), Namibia (2003), South Africa (1979), Seychelles (2010), Swaziland (2007), the United Republic of Tanzania
(2007), Zambia (1994), and Zimbabwe (1996).
175 Report of Capacity-Building and Technical Assistance on Competition Law and Policy at the Fifth United Nations
Conference held in Antayla, Turkey, 14–18 November 2005
176 ‘Model Law on Competition’ (TD/RBP/CONF.7/8), United Nations Conference on Trade and Development, United
Nations, New York and Geneva, 2010
177
of Zimbabwe at the Third Annual Competition Commission, Competition Tribunal and Mandela Institute Conference on
Competition Law, Economics and Policy in Pretoria, South Africa: 3 – 4 September 2009
178 Zimbabwe’s core economic industries are mining (coal, gold, platinum, copper, nickel, tin, clay, numerous metallic and
nonmetallic ores), steel; wood products, cement, chemicals, fertilizer, clothing and footwear, foodstuffs, beverages and
agricultural products which include corn, cotton, tobacco, wheat, coffee, sugarcane, peanuts, sheep, goats and pigs.
179 sioners
were appointed in 2004 and the Competition Authority became operational in 2007.
180 http://data.worldbank.org/topic/labor-and-social-protection.
181 Refers to the introduction of South African Rand and United States of America dollar as currencies in the Zimbabwean
economy in February, 2009.
182
Schedule.
183
(a) any agreement, arrangement or understanding, whether enforceable or not, between two or more persons, or
(b) any business practice or method of trading; or
(c) any deliberate act or omission on the part of any person, whether acting independently or in concert with any other
person; or
(d) any situation arising out of the activities of any person or class of persons;
which restricts competition directly or indirectly to a material degree, in that it has or is likely to have any one or more
of the following effects:
(i) restricting the production or distribution of any commodity or service;
(ii) limiting the facilities available for the production or distribution of any commodity or service;
(iii) enhancing or maintaining the price of any commodity or service;
(v) preventing or retarding the development or introduction of technical improvements in regard to any commodity or
service;
(vi) preventing or restricting the entry into any market of persons producing or distributing any commodity or service;
(vii) preventing or retarding the expansion of the existing market for any commodity or service or the development of
new markets therefore;
(viii) limiting the commodity or service available due to tied or conditional selling.
184 According to Sections 2(1) and 34B ZCA, unfair trade practice means
(a) the dumping of imported commodities as described in subsection (1) of section 90 of the Customs and Excise Act
[Chapter 23:02];
(b) the granting of a bounty or subsidy with respect to imported commodities within the meaning of section 92 of the
Customs and Excise Act [Chapter23:02],
(c) any other practice in relation to the importation of commodities or services of the sale of imported commodities or
the or provision of an imported service where such practice is declared to be unfair in terms of paragraph (b) of
subsection (3) or section thirty-four C.
185 The only application for authorization of a restrictive practice that was received and considered by the Commission was
in 2003 for authorization of Zimchem’s exclusive coal tar supply agreement with Ziscosteel and Wankie Colliery Com-
outweighed its anticompetitive features.
186 For further details, please see the UNCTAD Model Law on Competition 2010 – Chapter IV, available at http://www.unctad.
org/en/docs/tdrbpconf7L4_en.pdf.
219
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