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PREFACE practical solutions, for example a memorandum of understanding between the two Courts on a division of tasks. b. Recommendations addressed to the Government In all three jurisdictions, the antitrust Authority is a relatively small institution and responsible for a number of functions (consumer protection, fair trading, counterfeit goods, relocation of plants and equipments, tariffs). As a result, the amount of resources dedicated to competition law and policy enforcement is limited. In terms of staff remuneration, in Zambia staff salaries are good. In the United Republic of Tanzania, conditions of service are far better than the civil service conditions and competitive with the private sector. However, for staff whose salaries are paid through the World Bank grant, their positions might be a risk when the grant expires. In Zimbabwe salaries are very low, which causes a severe challenge for staff retention. Antitrust enforcement is a professional activity and the quality of the staff of the Authority is an asset on which every Government can rely for the development of a more market oriented regulatory environment. In all three jurisdictions, the competition Authority could become the “Central Bank” for micro policy, i.e. achieving the status and the reputation of the central bank with respect of the real economy. If this is achieved, then staff salaries would be high enough for well trained professionals to be attracted. Both advocacy and en- trained the quality of enforcement cannot increase which is essential for these authorities to make a difference in their jurisdictions. The funding of the authorities in the three jurisdictions needs to be improved. Either the Authorities should be funded directly by Government or be funded by a tax on corporate entities above a certain thresholds, along the lines of similar practices tion fees (like all three jurisdictions have) or pro- (as provided for by the Zambian law) should be ence the outcomes of the case decisions by the Authority. c. Recommendations addressed to the competition authorities Enforcement practice 23 petition authorities in the three jurisdictions is to enforce the law more effectively, starting with and ending with important sanctions. The repu- a result, and any strengthening of the organization (including the necessary increase in funding) would be made politically easier. Dawn raids are the most common ways to discover provisions, especially for cartels and abuse of dominance type violations. Dawn raids should come as the evidence is destroyed. In the United Republic of Tanzania and Zambia the possibility of inspections is clearly within the reach of the Authority and in Zambia indeed there have been two dawn raids in recent years. In all jurisdictions practical experience should be gained for the Authorities to become training would be particularly useful. As for Zimbabwe, since there is a mandatory publication provision on the reasons for each investigation, inspections should be organized on the same day of the publication. In addition, the United Republic of Tanzania should make sure that the provision that the competition law be violated intentionally be interpreted very restrictively. In this sense, when the reach of the law is extended by the case law to new areas or it is well known that such practices are indeed prohibited. Otherwise there is a risk that subjective appreciations about intentionality would put the effective application of competition law in the country at risk. dertaken by the Authority, but the Authorities in the three jurisdictions should advocate the Gov- Furthermore, the Tanzanian and Zambian Authorities should exercise great care with the way they COMPARATIVE ASSESMENT
24 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE practices that the new law has made possible. ence shows very well, are unlikely to uncover the most serious violations of the competition law. This indeed is the reason why the European Union ropean commission in over 40 years and only a handful was prohibited. Staff development The strengthening of the reputation of the competition institutions requires extensive training of its staff and of the judges responsible for judicial review. The staff of the Authorities should be trained on the substantive aspects as well as the procedural aspects of law enforcement: how to conduct a dawn - Training would also be necessary for the drafting of guidelines and communications on how to interpret the substantive provisions of the laws. This type of training should be provided to directly to the three jurisdictions as well to their respective regional groupings. The enforcement problems in the three countries are similar and common issue papers could be drafted with the help of the individual authorities cooperating at the regional level under the auspices of international organizations 2. Recommendations to be implemented at the regional level In their efforts to establish well functioning market economies, to a certain extent, the three countries face similar restrictions of competition. Furthermore, cross border anticompetitive practices are present in the region as everywhere in the world. Recently, regional initiatives have been put in place which would allow addressing these issues, namely the competition frameworks of SADC, COME- SA and EAC. The three countries under review should make best use of the regional initiatives to strengthen their enforcement efforts by converging in the interpretation of the laws, exchanging experience and cooperating on case handling. All three jurisdictions are members of SADC, which is an exception among the relevant regional organizations (EAC, COMESA and SADC), since it only offers a framework for cooperation and exchange of experience, but does not establish a supranational competition regime to be enforced by a regional competition authority. As a result, SADC may serve as a forum for all the three jurisdictions under review to work on convergence and best practices, such as solutions to substantive and procedural problems of common interest. The two countries under review who are members of COMESA (Zambia and Zimbabwe) have an op- under its competition regulations and share best practice arising from cross border case resolution. It is recommended that they share experience gained within COMESA with the United Republic of Tanzania, the third country under review. At the same time, taking into account that they are members of both regional organizations, COMESA and SADC have a special position to advocate the competition regimes. In this respect, the effort to establish a <strong>tripartite</strong> free trade area, aimed at minimizing the effects of the overlaps in the membership of COMESA, found prudent for the three regional groupings to cooperate and harmonize their trade, infrastructure and other regional integration programmes, including competition law and policy. With respect to the latter, the three regional groupings are supposed to cooperate and exchange information in the formulation and/or implementation of the competition policies and laws. In this respect, the effort to establish a <strong>tripartite</strong> free trade area, aimed at minimizing the effects of the overlaps in the membership of COMESA, found prudent for the three regional groupings to cooperate and harmonize their trade, infrastructure and other regional integration programmes, including competition law and policy. With respect to the latter, the three regional groupings are supposed to cooperate and exchange information in the formulation and/or implementation of the competition policies and laws.
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ZIMBABWE FULL REPORT ZIMBABWE
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ZIMBABWE TABLE OF CONTENTS PREFACE
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ZIMBABWE This report is part of the
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ZIMBABWE With the growing political
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ZIMBABWE of restrictive practices,
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ZIMBABWE competition authorities do
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ZIMBABWE divided according to geogr
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ZIMBABWE The Commission in 2006 whi
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ZIMBABWE to take care of themselves
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ZIMBABWE (under Section 9); basical
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ZIMBABWE Full scale investigation i
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ZIMBABWE (ii) to produce any book,
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ZIMBABWE The fact that CTC has a co
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ZIMBABWE tariat of technocrats, who
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ZIMBABWE Table 2: Number of Competi
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ZIMBABWE Regarding the handling of
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ZIMBABWE (Emphasis by the author) b
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ZIMBABWE Section 5 (1) (f) that pro
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ZIMBABWE Whilst the arguments can b
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ZIMBABWE Anti competitive agreement
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ZIMBABWE by conducting its case det
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