a tripartite report - Unctad

ZIMBABWE
Full scale investigation is usually a follow up of
establishment of a prima facie by investigators as
ployees
of the CTC (ii) member of public service
subject to the approval of Public Service Commission
189 . Records show that so far, the CTC has not
designated any member of public service as an investigator.
As a general rule, cases involving unfair
business practices and those involving other serious
abuse of monopoly situation (dominant position)
proceed to the full-scale investigation stage.
Some cases are closed under Section 30 of the
ZCA following negotiations on the discontinuation
practices. Only a few cases are presently proceeding
to the full-scale investigation stage requiring
public notices 190 and public or stakeholder hearings
because of their serious effect on competition
in Zimbabwe. A number of cases are dropped
at the preliminary investigations stage for various
reasons, such as lack of evidence to support the
allegations made, unfounded allegations or alleged
practices not in breach of the ZCA using the
de minimus rule.
3.2.2 Handling of Mergers
The examination of mergers and acquisitions is
more elaborate. Merger application forms have to
information on all aspects of the merger transac-
merging parties; (ii) details of the ownership and
control of the merging parties; (iii) timing, plans
and motives of the merger; and (iv) details of markets
involved. Additional information is obtained
from submissions and interviews with the relevant
stakeholders. Other competition authorities are
also consulted on their similar experiences. Where
necessary, consumer surveys on the relevant market
are undertaken. In cases involving mergers of
industrial concerns, factory visits are made to the
merging parties’ premises.
3.3 Investigative Powers
Section 28 of the ZCA empowers the CTC to make
such investigation into any restrictive practice
which the Commission has reason to believe exists
or may come into existence, as well as in order to
ascertain whether any merger has been, is being
or is proposed to be made, the nature and extent
189
of any controlling interest that is held or may be
acquired in any merger or proposed merger.
It may also investigate into any type of business
agreement, arrangement, understanding or method
of trading which, in the opinion of the Commission,
is being or may be adopted for the purpose
of or in connection with the creation or maintenance
of a restrictive practice. Investigations may
also be conducted in relation to any monopoly
situation which the Commission has reason to believe
exists or may come into existence.
In the course of investigation the Commission may,
conduct preliminary investigation without notice in
accordance to Section 47. Where the Commission
deems necessary that a full investigation should
be conducted, the law requires that a notice is
publish in the Government Gazette and in National
Newspapers circulating in the area covered by the
investigation, stating the nature of the proposed
investigation, inviting interested parties to submit
written representations within two weeks 191 period
after the notice and publication.
All representations sent by stakeholders are analysed
by the directorate responsible for competition
at CTC for use by the Board of Commissioners;
a date is set for the full-scale hearings considering
the issue of giving enough time for the respond-
sioners.
Ideally the entire Board of Commissioners
should be present; the hearings can only take
present. The proceedings are open and the press
is usually present. The full Commission is expected
to be at the full-scale hearings and when making
decisions on any matter.
In conducting the investigation the Commission
ensures that the rules commonly known as the
rules of natural justice are duly observed and, in
particular, takes all reasonable steps to ensure that
every person whose interests are likely to be affected
by the outcome of the investigation is given
an adequate opportunity to make representations
in the matter. The Commission’s powers of inves-
ZCA. Given their relevance, they are reproduced
at length below:
“28. (1) Subject to this Act, the Commission
may make such investigation as it considers
necessary –
ZIMBABWE