a tripartite report - Unctad

108 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
and minimizes time and resource consuming disagreements
on its application. As stated in UNCTAD
reading of the law easier, and prevent confusion or
ambiguity. For that purpose, they stipulate those
elements that are essential for the application of
term which in ordinary usage may have uncertain
or multiple meanings.
As opposed to the old Act, which only had one
tions,
which lists terms used in the legislation, as
plied
only in the section of the legislation where
of the term ‘merger’ is not found in the general
term ‘unfair trading practice’ is found in section 45
(Part VII on Consumer Protection). This is in order
since it removes confusion and uncertainty over
the general application of the terms in other parts
of the Act.
interpretation section 2 of that Act, while 47 terms
the new terms facilitate the proper interpretation
of the law, and thus its effective enforcement. For
terms of section 2(1) of the Act include the following
in Box 8:
“acquired” means acquired by takeover, purchase of shares or assets, or any other means through which an
enterprise obtains, secures or gains a legal interest in another independent enterprise;
“agreement” means any form of agreement, whether or not legally enforceable, between enterprises which is
implemented or intended to be implemented in Zambia and includes an oral agreement or a decision by a trade
association or an association of enterprises;
and intangible assets including goodwill, intellectual property rights and knowhow;
“bid-rigging” means a horizontal agreement between enterprises where: (a) one or more parties to the agreement
agrees not to submit a bid in response to a call for bids; or (b) the parties to the agreement agree upon the prices,
terms or conditions of a bid to be submitted in response to a call for bids;
“concerted practice” means a practice which involves some form of communication or coordination between
competitors falling short of an actual agreement but which replaces their independent action and restricts or lessen
competition between them;
prise,
has a particular economic value and is not generally available to, or known by, others;
“consumer” means: (a) for the purposes of Part III (restrictive business and anticompetitive trade practices),
any person who purchases or offers to purchase goods or services supplied by an enterprise in the course of
business, and includes a business person who uses the product or service supplied as an input to its own business,
III, any person who purchases or offers to purchase goods or services otherwise than for the purpose of re-sale,
but does not include a person who purchases goods or services for the purpose of using the goods or services in
the production and manufacture of any other goods for sale, or the provision of another service for remuneration;
“dominant position” means a situation where an enterprise or a group of enterprises possesses such economic
strength in a market as to make it possible for it to operate in that market, and to adjust prices or output, without
effective constraint from competitors or potential competitors;
or indirectly controlled by them;
“goods or products” includes services, buildings and other structures;