a tripartite report - Unctad

154 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
Table 6: Restrictive Business Practices Closed by the Commission During the Period 2006-2010
Commission Decision
No. of Cases
2010 2009 2008 2007 2006
Case closed for lack of serious competition concerns 4 7 6 5 5 27
Case closed on grounds of no breach of the
Competition Act
3 4 5 5 5 22
Case closed for lack of competition concerns 2 1 1 0 2 6
Imposition of cease-and-desist order 1 3 0 5 4 13
Totals 10 15 12 15 16 68
Source: ZCC and CCPC Annual Reports
None of the competition cases involving restrictive
business practices that were closed during the period
2006-2010 were terminated through the im-
ing
and proving cartel activity. It is hoped that the
introduction of a leniency programme in the new
Act will expose such anticompetitive conduct and
behaviour. It is also noted that most cases were
No merger transaction was prohibited by the
Commission during the period 2006-2010. Instead,
the Commission unconditionally approved
cent of the determined cases. The conditions that
were imposed on the relatively few conditionally
authorized mergers were of a behavioural
nature. 170 All the conditions were accepted by the
merging parties. The other cases were closed either
for absence of merger transaction, i.e., lack of
Total
closed for lack of serious competition concerns, or
for no breach of the country’s competition law, indicative
of lack of adequate competition education
in the country. The most effective remedial action
taken by the Commission was the imposition of
cease-and-desist orders.
Table 7 shows the Commission’s determination of
competition cases involving mergers and acquisitions
during the period 2006-2010.
Table 7: Determination of Mergers and Acquisitions by the Commission During the Period
2006-2010
Commission Determination
No. of Cases
2010 2009 2008 2007 2006
Unconditional authorization 10 9 15 13 9 46
Conditional authorization 1 2 1 3 10 17
Case closed for absence/cancellation of merger transaction 5 5 1 2 8 21
Totals 16 16 17 18 27 94
Source: ZCC and CCPC Annual Reports
Total
Table 8 shows consumer cases involving unfair
trading practices that were closed by the Commission
during the period 2007-2010.
Most unfair trading practices cases that were
closed by the Commission during the period 2007-
2010 (over 62 per cent of the cases) ended with
refunds, or replacement of the defective products.
A number of cases were also referred to other authorities
for resolution, such as the Zambia Bureau
of Standards and other relevant sector regulators,
the Police, and institution of court proceedings.