Final Report - World Trade Organization

Annexure Table 4a: Nature of the Enforcement Agency
UNCTAD Model Law
l
No specific suggestion
World Bank-
OECD Model Law
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l
l
l
An independent and autonomous and accountable competition agency
Specialized court to hear competition cases
Competition court could adopt procedures and rules of evidence specially suited to
competition cases
Composition of the court could be tailored to the requirements of competition cases.
India, 1969
2002
l
l
l
l
l
l
l
Under the MRTP Act, a Commission has been established (Chair- High/Supreme
Court judge)
Members with capacity of dealing with problems in economics, law, commerce,
accountancy, industry, public affairs or administration
The Commission is assisted by the Director General of Investigation and Registration
(DG) for carrying out investigations
Decisions of the Commission can be appealed against in the Supreme Court
Competition Commission of India (Chairperson and 2-10 members - to be appointed
by the Central government)
Special knowledge and specific experience of not less than 15 years in international
trade, economics, business, commerce, law, finance, accountancy, management,
industry, public affairs, administration or any other matter which, in the opinion of
the central government, be useful to the Commission
Decisions of the Commission can be appealed against in the Supreme Court
Pakistan
l
The law constitutes a statutory authority, the Monopoly Control Authority to
administer the law.
Sri Lanka
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l
l
The Fair Trading Commission (FTC), a body corporate with seven members appointed
by the Ministry of Internal and International Commerce and Food (MIICF).
The members or the commissioners of the FTC are required to have extensive experience
in the fields of Industry, Law, Trade, Commerce or Administration.
Under the new law two bodies will be established: Consumer Protection Authority to
investigate practices/cases and Consumer Protection Council to adjudicate competition
cases.
Kenya
l
Provides for the appointment of the Monopolies and Prices Commissioner
South Africa
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l
l
Competition Commission with primary responsibility for determining and investigating
cases under the Act, and
A Competition Tribunal to rule on most cases.
A Competition Appeal Court was also established, as a specialised division of the
High Court of South Africa.
Tanzania
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l
l
The institutional framework of the Fair Trade Practices Act consists of two levels of
implementation,
The Fair Trade Practices Commissioner and
The Appeals Tribunal
Zambia
l
l
The competition law in Zambia is enforced through the Zambia Competition
Commission (ZCC).
The ZCC consists of 13 commissioners and two officials, the Executive Director and
the Secretary who constitute the Board.
n One commissioner each represents the Ministries of Finance and Economic
Development, and Commerce, Trade and Industry.
n One representative from a statutory Government Department, the Zambia Bureau
of Standards.
n The rest of the commissioners (10) represent Non Governmental Organisations (NGOs).
108 w Pulling Up Our Socks