Maravi

(HERALD) Commission mandated to implement competition policy

Commission mandated to implement competition policy

Competition Act The Competition Act (Chapter 14:28) is the principal legal instrument dealing with competition law and policy in Zimbabwe. The Act grants the Competition and Tariff Commission powers to ensure that the Commission meets its mandate for the implementation of the competition policy in Zimbabwe. The powers granted in terms of the Act enable the Commission to meet its main objective of promoting and maintaining competition in the economy of Zimbabwe.

Powers of Commission to Investigate

The Commission is granted, in terms of section 28 of the Act, the powers to undertake investigations into any restrictive practices, mergers and monopoly situations.

Where there is an alleged anti-competitive behaviour, the Act empowers the Commission to carry out either a preliminary investigation without notice or a full-scale investigation.

Where the Commission considers it necessary to conduct a full-scale investigation it must publish a notice in the Government Gazette and in a newspaper circulating in the area covered by the investigation as the Commission deems to be appropriate outlining the nature of the proposed investigation and inviting all interested persons or parties willing to do so to submit written representations with regard to the investigation.

After the publication of the notice the Commission is empowered by the Act to conduct a public hearing into the matter as part of the full-scale investigation. In conducting a hearing the Commission has the powers conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], except the power to order a person to be detained in custody. The provisions of the Commissions of Inquiry Act relating to an inquiry and to any person summoned to give or giving evidence at the inquiry shall apply in the same manner, while making the necessary alterations, in relation to an inquiry in terms of the Competition Act.

This means, among other things, that the hearing must be held in public, though the Commission is entitled to exclude any particular person for the preservation of order. The Commission also has the power to regulate the proceedings of the hearing, meaning it may make any such rules as it deems necessary for its own guidance and for the conduct and management of the proceedings before it. This includes the power to set the hours, times and places for sittings and also to adjourn sittings from time to time and to such places as it thinks fit.

The Commission also has the power to summon witnesses to give evidence, to cause the oath to be administered to them and also to call for the production of any documentary evidence, though a person so subpoenaed to give evidence or to produce the documentary evidence shall be entitled to the same privileges as he would have in a magistrates court.

A person subpoenaed to give evidence or to produce documentary evidence and fails to do so, without sufficient cause, or who refuses to be sworn, or refuses to answer fully and satisfactorily, or who gives false evidence shall be guilty of an offence and liable to a fine and/or imprisonment. The Commission shall also have the power to order that any person who wilfully insults any commissioner or disturbs the proceedings be removed from the proceedings. The commissioners shall be immune from any action or suit resulting from the proceedings. The Commission shall also ensure that the rules of natural justice are duly observed and take all reasonable steps to ensure that any person likely to be affected by the outcome of the investigation is given an opportunity to make representations thereon.

l Produced by the Competition and Tariff Commission, Tel: (04) 771126-9/ (04) 773563-4 in conjunction with the Department of Anti- Corruption and Anti- Monopolies, Tel 707091.

Labels: COMPETITION, THE HERALD, ZIMBABWE

posted by MrK @ 8:37 PM