a tripartite report - Unctad

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distribution process, they may also have harmful effects on competition if they give rise to risk of markets becoming
foreclosed to third parties. While conglomerate mergers present the least danger to competition, since in the case of
parties involved, which the parties can use against actual or potential competitors through cross-subsidization.
140 Mark A A Warner, International Aspects of Competition Policy – Possible Directions for the FTAA, in “World Competition: Law
and Economics Review”, Vol. 22 No.1, March 1999.
141 The Competition and Consumer Protection (General) Regulations, 2011, which were gazetted on 19 August 2011 as
Statutory Instrument No.97 of 2011.
142
143 The Competition and Consumer Protection (General) Regulations, 2011 (Statutory Instrument No.97 of 2011), that were
gazetted on 19 August 2011.
144 Section 45 of the Competition Act, 2003 (Act No.2 of 2003) of Namibia provides that “(1) … the Commission must
information …, within 30 days after the date of receipt by the Commission of the information; or (c) if a conference is
convened …, within 30 days after the date of conclusion of the conference. (2) If the Commission is of the opinion that
the period referred to in paragraph (a), (b) or (c) of subsection (1) should be extended due to the complexity of the issues
involved it may, before expiry of that period, by notice in writing to the undertakings involved extend the relevant
145
2011.
146
147 The interim measures provisions of section 62(1) of the Act only relate to the prevention of potentially harmful mergers
before completion of the assessment of the competitive effects of the transaction, and not to authorization of mergers.
148 COMESA Competition Regulations and Rules, Common Market for Eastern and Southern Africa, Lusaka, December
2004.
149 Unconscionable conduct is described in the national competition and consumer protection policy as unfair and unreasonable
conduct in business transactions that goes against good conscience, and can occur in transactions between
businesses or in transactions between businesses and consumers.
150 Regulation 16 of the Competition and Consumer Protection (General) Regulations, 2011.
151 The ZACCI Journal, Volume 1, Issue 7, 2010.
152 The ZACCI Journal, Volume 1, Issue 9.
153 The 8 basic consumer rights are the rights to information, choice, safety, education, clean environment, basic consumer
goods, to be heard, and to redress.
154 Structural remedies are those aimed at changing of altering the structure of the market, such as ordering divestiture or
155 A structural order to establish competition in an industry that had been monopolised was the break-up in the United
States of America of AT&T (American Telephone and Telegraph Company) by a court order in the early 1980s. The current
Microsoft case might also be concluded with structural remedies.
156
Competition Authorities and Regulatory Bodies” (TD/RBP/CONF.6/13/Rev.1 and TD/B/COM.2/CLP/44/Rev.2, of 17 August
2006).
157 The following are the full names of the abbreviated symbols in Figure 1: (i) CC (Competition Authority); (ii) CAZ (Communications
Authority of Zambia): (iii) CEEC (Citizens Economic Empowerment Commission); (iv) ECZ (Environmental
Council of Zambia); (v) ERB (Energy Regulation Board); (vi) GRZ (Government of the Republic of Zambia); (vii) NWASCO
(National Water & Sanitation Council); (viii) PRA (Pharmaceutical Regulatory Authority); (ix) RDA (Road Development
Agency); (x) RTSA (Road Transport and Safety Agency); (xi) ZABS (Zambia Bureau of Standards); (xii) ZDA (Zambia De-
217
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