a tripartite report - Unctad

156 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
sector. According to the Pensions and Insurance
Authority (PIA), most competition concerns in the
insurance sector relate to unfair practices and under-cutting
of each other by the industry players.
The Energy Regulation Board (ERB) submitted that
the main competition concerns in the energy sector
include monopolistic tendencies, because of high
entry barriers, and predatory pricing, and that collusive
and cartel-like behaviour in the sector is also
a very live issue. ERB also submitted that there are
a lot of competition concerns in the electricity sector
because of its dominance by one player, Zambia
Electricity Supply Company, which tends to abuse
its dominance.
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ing
rife in the banking services sub-sector, related
to exploitative bank charges.
4.3 Competition Enforcement
Challenges
The new Act greatly facilitated the effective enforcement
of competition law in Zambia. As has
already been pointed out, the main enforcement
challenges under the old Act included wide exclusions
and exemption provisions, limited inter-
tion
provisions, limited investigative powers and
administrative remedies, and absence of a leniency
programme, which have all been addressed
in the new Act. The Commission is however still
facing some challenges in competition enforcement.
ment
conducted two dawn raids during the months
of October and November 2011. The challenges it
faced in doing so were mainly related to the human
factor. It had to rely on other security agencies
to undertake the raids, which had little knowledge
of what was being looked for. Lessons were learnt
but it was recognized that a lot more needed to be
done by the Commission at the next raid.
abuse cases because of lack of information and
appropriate economic tools. Training needs required
in competition enforcement include investigative
skills, litigation skills, and, to a lesser extent,
principles of competition law.
It is recommended that the Commission
undergo extensive training in the conduct
of dawn raids, as well as in other
competition enforcement areas such
as case investigations and litigation.
5. COMPETITION ADVOCACY
The Commission has wide advocacy responsibilities
under the Act. In terms of section 5 of the new Act
the Commission is the “primary advocate for competition
and effective consumer protection in Zambia”.
It also has the functions of: (i) advising government
on laws affecting competition and consumer
protection; (ii) providing information for the guidance
of consumers regarding their rights under the
Act; (iii) advising the Minister on agreements relevant
to competition and consumer protection and
on any other matter relating to competition and
consumer protection; and (iv) cooperating with
and assisting any association or body of persons to
develop and promote the observance of standards
of conduct for the purpose of ensuring compliance
with the provisions of the Act.
The old Act also bestowed upon the Commission
considerable advocacy functions, such as the functions
of: (i) providing persons engaged in business
with information regarding their rights under the
Act; (ii) undertaking studies and making available
to the public reports regarding the operations of
the Act; and (iii) cooperating with and assisting any
association or body of persons to develop and
promote the observance of standards of conduct
for the purpose of ensuring compliance with the
provisions of the Act.
visit to Zambia that it tries to make itself visible
to the business community and general public
through the media (both print and electronic).
It engages the government in what it is doing
through representations on discussions under the
auspices of trade negotiations forums such as the
WTO and the Economic Partnership Agreements
(EPAs) with the European Union. It also has held
joint stakeholders workshops with various organizations
such as the Law Association of Zambia, the
Zambia Association of Chambers of Commerce
and Industry, the Chamber of Mines, the Manufacturers
Association, and the Pensions and Insurance
Authority.