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a tripartite report - Unctad

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174 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE<br />

economies of scale and scope and product<br />

differentiation and brand loyalty) and (c)<br />

<br />

tendering, tied sales, and allocation of market<br />

and customers).<br />

The study concluded that “while the combination<br />

of a high degree of industrial concentration and<br />

high barriers to entry does not automatically lead<br />

to abuse of market power by monopolists and<br />

oligopolists, the possibility for exercising market<br />

power existed and that there was some evidence<br />

and good reason to believe that restrictive business<br />

practices were extensive in Zimbabwe”. Based<br />

on this conclusion, it was recommended that there<br />

be the adoption of competition policy and law in<br />

Zimbabwe and the creation of a competition authority<br />

to administer that policy and law.<br />

The recommendations were adopted by the Government<br />

of Zimbabwe whereby in 1996 the Competition<br />

Act was enacted, within which the Industry<br />

and Trade Competition Commission, the authority<br />

to administer that policy and law was established<br />

under section 4 of the Act. This marked the formal<br />

adoption of competition policy and law in Zimba-<br />

ern<br />

and eastern Africa to do so after South Africa,<br />

Kenya, the United Republic of Tanzania and Zambia.<br />

As it was for other countries’ experiences, the<br />

Act came into operation in 1998, the same year 179<br />

that the competition authority to implement it was<br />

established.<br />

tion<br />

policy and law in Zimbabwe was to complement<br />

market forces particularly in instances where<br />

forces of supply and demand do not give desirable<br />

market outcomes. Given the structure of the<br />

economy that is characterized by monopolies,<br />

oligopolies and various forms of anticompetitive<br />

practices, regulation becomes very important to<br />

protect consumers and investors. Competition<br />

policy and law was therefore adopted in 1996 as a<br />

basic requirement for the country’s market-based<br />

economic reforms.<br />

A few years after adoption and commencement<br />

of implementation of Competition law; Zimbabwe<br />

was involved in the war in the Democratic Republic<br />

of the Congo (1998-2002). Invariably, the Government’s<br />

land reform programme in 1999, which had<br />

a bad reception by actors within and outside Zim-<br />

babwe; and resulted into imposition of economic<br />

sanctions by some of its key trading partners. The<br />

two factors have badly damaged the economy,<br />

particularly the commercial farming sector which<br />

is the traditional source of exports and foreign<br />

exchange and the provider of 400,000 jobs. As a<br />

result of the worsened economic situation Zimbabwe<br />

turned into a net importer of food products.<br />

cluding<br />

a large external debt estimated at 241.6<br />

per cent of GDP in 2010. In 2007 Foreign Direct<br />

<br />

-<br />

<br />

<br />

billion whereby the agriculture sector contributed<br />

19.5 per cent of the total GDP, while industry and<br />

services sectors contributed 24 per cent, and 56.5<br />

per cent respectively. According to World Bank<br />

data on Zimbabwe (World Development Indicators)<br />

180 , the employment to population ratio for<br />

the age group 15 years and above was 61 per cent<br />

in 2009. According to Zimbabwe Statistics (Zim-<br />

Stats), the unemployment level is between 5 per<br />

cent and 13 per cent if informal employment is<br />

taken into account.<br />

Most of Zimbabwe’s contemporary economic<br />

problems have emerged from sanctions that the<br />

country has gone through. Invariably, like other<br />

Sub-Saharan African countries, the economy is<br />

characterized by features such as majority of the<br />

workforce engagement in agricultural production,<br />

limited formal employment, high percentage<br />

<br />

as well as low capital formation coupled with low<br />

<br />

is a renewed initiative in Foreign Direct Investment<br />

through international partnerships with South Africa.<br />

In continued efforts to manage the economy, until<br />

early 2009, the Reserve Bank of Zimbabwe at-<br />

<br />

<br />

economy. In February 2009, Zimbabwe adopted a<br />

multicurrency 181 regime characterized by stoppage<br />

of use of Zimbabwean dollars in the economy and<br />

removal of price controls. These measures have<br />

led to some economic improvements, including

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