a tripartite report - Unctad

More documents

Recommendations

Info

ZAMBIA Consumer Policy and Law Committee (CCOPOLC) has been established to implement the system of cooperation. The competition authority of Zambia actively participates in that Committee. The CCOPOLC meets at least once a year to enable SADC member States to exchange views on the status of competition and consumer policy in their respective countries. The Committee is currently pre-occupied with the harmonization of national competition laws in the region. Capacity building is one of the key components of the regional competition policy programme to facilitate the development and implementation of competition and consumer laws and policies in member States. In that regard, member States have cooperated with each other in the application of competition and consumer protection laws. So far, Seychelles, Swaziland, and Namibia have been given technical assistance under the SADC programme in the establishment of their competition authorities. The technical assistance was given by the other older competition authorities in the region, those of Zambia and Zimbabwe. Regional training workshops on competition law and policy are also a regular feature of the SADC competition cooperation programme. The fourth such workshop was held in Gaborone, Botswana in June 2011. The main purpose of the workshop was to impart the requisite practical skills necessary to effectively enforce national competition laws, foster dialogue, share enforcement experience and best practices. It was facilitated by regional and international resource persons who led discussions and presented on key topics, such as: (i) essentials of the investigative process; (ii) abuse of dominance; (iii) intellectual property and competition policy; and (iv) competition policy and consumer welfare. The competition authority of Zambia is a founding member of the Southern and East African Competition Forum (SEACF). At its formation in 2002, the countries (Kenya, South Africa, the United Republic of Tanzania, Zambia and Zimbabwe). It has since grown to include those countries in the region that have adopted competition policies and laws, and established competition authorities (i.e., Botswana, Malawi, Mauritius, Namibia, Seychelles, and Swaziland) The primary objectives of the Forum include close cooperation between its members on general competition policy issues, cooperation in respect of investigations, assisting each other on 161 capacity building, and formulating common positions, where possible, on competition policy and law discussions in international forums. The Zambian competition authority has always been in the Executive Committee of the Forum, and currently holds the chairmanship. SEACF has however not been very active in the undertaking of its programmes, apart from holding periodic meetings with the assistance of UNC- TAD back-to-back with annual meetings of the Intergovernmental Group of Experts on Competition Law and Policy (IGE) in Geneva, mainly because of lack of funding. The older members of the Forum, particularly the competition authorities of South Africa, Zambia and Zimbabwe, have however individually assisted the newer members in the handling of competition cases. The establishment of the African Competition Forum (ACF) puts the continued existence of SEACF in doubt. The Zambian competition authority has been actively involved in the formation of the ACF right from the inception of that cooperation programme, and is in the Steering Committee of the Forum. At a bilateral level, the former ZCC, and now the CCPC, has informally cooperated with a number of other competition authorities, particularly in exchange of information, case handling, and staff exchanges. The cooperation has mainly been with the following competition authorities: the Bun- Kingdom, the Norwegian Competition Authority, the Australian Competition and Consumer Commission, the Competition Commission South Africa, the Namibian Competition Commission, the Competition and Tariff Commission of Zimbabwe, the Monopolies and Prices Commission of Kenya, the Competition and Fair Trading Commission of Malawi, the Fair Competition Commission of the United Republic of Tanzania, to name just a few. 6.2 Technical Assistance The Zambian competition authority has received valuable technical assistance from various cooperating partners since its inception. In that regard, UNCTAD’s capacity building and technical assistance programme has played a prominent role. ZAMBIA
162 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE UNCTAD provides capacity-building and technical assistance on competition law and policy in developing and least developed countries, as well as countries in transition in accordance with requests received, the needs of the countries concerned and resources available. This includes both national and regional assistance in drafting competition laws and policy guidelines as well as capacity-building in the implementation of competition policy with a long-term perspective in line with the Table 11: Technical Assistance Given Under UNCTAD Programme Year Technical Assistance 1999 2002 United Nations Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices and the requests made by the Fourth United Nations Conference to Review All Aspects of the Set. 175 The technical assistance that the Zambian competition authority has received under the UNCTAD programme over the years is tabulated in Table 11 below UNCTAD/COMESA Regional Seminar on Competition Law and Policy held in Lusaka during the period 2 to 4 June 1999. Other participant countries were Kenya, Malawi, Swaziland, Comoros, DR Congo, Djibouti, Egypt, Eritrea, Sudan, Uganda, and Zimbabwe UNCTAD Regional Seminar on Competition Law and Policy held in Livingstone during the period 1 to 3 December 2002. The seminar attracted participants from both the SADC and COMESA regional trading blocs. 2004 UNCTAD Investigative Techniques Course and Adjudicators Seminar held in Livingstone during the period 5 to 13 October 2004. 2008 UNCTAD Regional Competition Seminar held in Siavonga during the period 26 to 29 May 2008. The other participant countries were Botswana, Swaziland, Malawi, Mozambique, Kenya, the United Republic of Tanzania and Zimbabwe. 2010 Awareness Seminar on Competition Law and Policy conducted in Lusaka during the period 13 to 14 May 2010. 2010 Sectoral study of the petroleum sector in Zambia. 2010 UNCTAD Regional Course on Investigation in Dar-es-Salaam, Tannzania, during the period 29 November to 2 December 2010. Source: ZCC Annual Reports The European Development Fund (EDF)’s technical assistance to the Commission under the 9th EDF, which was aimed at enhancing capacity building, has been extensive, and has covered the following activities since 2005: (i) capacity building of staff through training (including courses at Kings College in the United Kingdom on European Commission competition law); (ii) creation of effective regulatory framework through empowerment of consumers and traders; (iii) national workshop for local consumer advisers; (iv) public awareness programmes through private and public media; (v) hosting of public hearings on the repealing of the Competition and Fair Trading Act and replacing it with the Competition and Consumer Protection Act; (vi) hosting of an investigations workshop on cartel enforcement and prosecution; (vii) hosting of consumer protection and awareness workshops, and undertaking of consumer sensitization cam- paigns; (viii) publication of competition literature on ment, such as computers, printers, scanners, a photocopying machine, and a motor vehicle; and (x) study tour for new members of the Board of Commissioners to South Africa and Washington D.C. Bank Public Sector Capacity Building Project (PSCAP) in the form of human resource development, advocacy and public awareness, and procurement of - and policy that was held in Livingstone in November 2002 was funded under the Project. The Commission has received two research grants from the International Development Research Centre (IDRC), which are designed to enhance ca-
Page 1 and 2:
UNITED NATIONS CONFERENCE ON TRADE
Page 4:
UNITUNITED NATIONS CONFERENCE ON TR
Page 7 and 8:
2 VOLUNTARY PEER REVIEW OF CLP: A T
Page 10 and 11:
COMPARATIVE ASSESMENT COMPARATIVE A
Page 12 and 13:
PREFACE This comparative assessment
Page 14 and 15:
PREFACE agreements. . In the United
Page 16 and 17:
PREFACE Finally in the United Repub
Page 18 and 19:
PREFACE be set at a percentage of t
Page 20 and 21:
PREFACE the market price but constr
Page 22 and 23:
PREFACE (d) the extent to which the
Page 24 and 25:
PREFACE pendence is maintained and
Page 26 and 27:
PREFACE the effectiveness of the or
Page 28 and 29:
PREFACE practical solutions, for ex
Page 30:
PREFACE In addition to formal coope
Page 33 and 34:
28 VOLUNTARY PEER REVIEW OF CLP: A
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116: 110 VOLUNTARY PEER REVIEW OF CLP: A
Page 165: 160 VOLUNTARY PEER REVIEW OF CLP: A
Page 174 and 175: ZIMBABWE FULL REPORT ZIMBABWE
Page 176 and 177: ZIMBABWE TABLE OF CONTENTS PREFACE
Page 178 and 179: ZIMBABWE This report is part of the
Page 180 and 181: ZIMBABWE With the growing political
Page 182 and 183: ZIMBABWE of restrictive practices,
Page 184 and 185: ZIMBABWE competition authorities do
Page 186 and 187: ZIMBABWE divided according to geogr
Page 188 and 189: ZIMBABWE The Commission in 2006 whi
Page 190 and 191: ZIMBABWE to take care of themselves
Page 192 and 193: ZIMBABWE (under Section 9); basical
Page 194 and 195: ZIMBABWE Full scale investigation i
Page 196 and 197: ZIMBABWE (ii) to produce any book,
Page 198 and 199: ZIMBABWE The fact that CTC has a co
Page 200 and 201: ZIMBABWE tariat of technocrats, who
Page 202 and 203: ZIMBABWE Table 2: Number of Competi
Page 204 and 205: ZIMBABWE Regarding the handling of
Page 206 and 207: ZIMBABWE (Emphasis by the author) b
Page 208 and 209: ZIMBABWE Section 5 (1) (f) that pro
Page 210 and 211: ZIMBABWE Whilst the arguments can b
Page 212 and 213: ZIMBABWE Anti competitive agreement
Page 214: ZIMBABWE by conducting its case det
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227:
Printed at United Nations, Geneva -
show all

a tripartite report - Unctad

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?