Final Report - World Trade Organization

Annexure Table 3b: Restrictive Trade Practices (Contd...)
Kenya
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Kenya’s competition law refers to restraints to trade as RTPs, which “have the purpose
of excluding others from participating in similar or other economic activities”.
Specific examples include: (1) refusal to sell good or services, (2) discriminatory pricing,
(3) tied purchasing, (4) resale price maintenance, (5) market allocation, (6) collusive
tendering and bidding, (7) predatory pricing
South Africa
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A practice is prohibited if it ‘has the effect of substantially preventing or lessening
competition in a market’.
There are also specific types of horizontal practices that are prohibited per se. These
include (1) price fixing, (2) dividing markets or (3) Collusive tendering.
Tanzania
The following categories of agreements are designated as restrictive trade practices:
l Agreements that (1) Reduce or eradicate the opportunities of others to take part in the
production or distribution of goods or services; (2) Reduce or eliminate the
opportunities of paying a fair market price to acquire or purchase the goods or services
by arrangement or agreement between manufacturers, whole sellers, retailers or
contractors.
l Discriminatory agreement or arrangement between sellers or between sellers and buyer
to grant rebates to buyers of goods calculated with reference to the quantity or value
of the total purchases by those buyers from those sellers not to sell/ buy goods in any
particular form or kind to buyers/sellers;
Zambia
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Arrangement or agreement between persons whether as producers, wholesalers or
retailers or buyers to limit or restrict the output or supply of any goods, or withhold or
destroy supplies of goods, or allocate territories or markets for the disposal of goods.
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The Act prohibits: (1) price fixing, (2) predatory behaviour, (3) discriminatory pricing,
(4) exclusive dealing, (5) bundling and tying arrangements and resale price maintenance,
(6) collusive tendering, (7) market or customer allocation, sales/production, (8) refusal
to supply and (9) Collective denials of access to an arrangement.
104 w Pulling Up Our Socks