Decret executif No. 2000-314 du 16 Rajab 1421 correspondant au 14 octobre 2000 definissant les criteres conferant a un agent economique la position dominante ainsi que ceux qualifiant les actes constituant des abus de position dominante (In French)

Decret executif No. 2000-315 du 16 Rajab 1421 correpondant au 14 octobre 2000 definissant les criteres d'appreciation des projects de concentration ou des concentrations (in French)

Décret présidentiel n° 96-89 du 6 Chaoual 1416 correspondant au 24 février 1996 fixant la rémunération et le régime indemnitaire applicables aux membres du conseil de la concurrence. (In French)

Decret presidentiel No. 96-44 du 26 Chabane 1416 correspondant au 17 janvier 1996 fixant le reglement interieur du conseil de la concurrence (In French)

Decret executif No. 95-364 du 18 Joumada ethania 1416 correspondant au 11 novembre 1995 definissant les prodecures d'inventaire des biens saisis (In French)

Decret executif No. 95-305 du 12 Joumada El Oula 1416 correpsondant au 7 octobre 1995 fixant les modalites d'etablissement de la facture (In French)

Decret executif No. 95-335 du Aouel Joumada Ethania 1416 correspondant au 25 octobre 1995 relatif aux modalites de mise en oeuvre de l'amende de transaction - (In French)

Loi n° 08-12 du 21 Joumada Ethania 1429 correspondant au 25 juin 2008 modifiant et
complétant l?ordonnance n° 03-03 du 19 Joumada El Oula 1424 correspondant au 19
juillet 2003 relative à la concurrence.

Ordonnance No. 03-03 du 19 joumada el oula 1424 correspondant au 19 juillet 2003 relative à la concurrence (In French)

Ordonnance No. 95-06 du 23 Chaabane 1415 correspondent au 25 janvier 1995 relative a la concurrence (In French)

EU Algeria Agreeement governing relations in the field of competition was signed in Valencia (Spain) in April 2002 and entered into force in September 2005.

Report from OECD: The Relationship Between Competition Authority and Sectoral Regulators: Contribution from Algeria (of 28 Jan 2005)

Septieme Session du Groupe intergouvernemental D’ Experts du droit et de la Politique de la Concurrence (of October 2006) (In French)

Direction de la Concurrence
Ministère du Commerce
46 Boulevard Mohamed V
16000 Alger
ALGERIE

Tel: (21321) 63 13 58
Fax: (21321) 64 32 44; 64 32 45

Conseil du la Concurrence
44/46, rue Med Belouizded-Belcourt
16015 Alger
ALGERIE

Tel: (21321) 67 67 12; 67 67 14; 67 67 10
Fax: (21321) 67 67 22

All Asian countries

Angola is in the process of adopting a competition law. Draft Bill on Economic/Entrepreneurial Competition (-forthcoming-)

"A competition bill was drafted in 2004 but has not yet been transmitted to parliament. Concerns regarding the status and success of the privatisation process had led the authorities to suspend it in 2001. To reactivate this process, a confidential diagnosis presented to the authorities in 2006 includes proposals to draft specific laws to cover public enterprises and holders of public service concessions. In the meanwhile, empire-building and prestige-seeking seem to abound in the strategies of state-owned enterprises."

By OECD Development Centre, AEO 2007 - Angola country study, 11-May-2007

Basic Telecommunication Law of Angola (May 11, 2001)

No information available

No information available

No information available

La Loi No. 90-005 du 15 Mai 1990 fixant les conditions d'exercise des activities du commerce en Republique du Benin (In French)

L'ordonnance 20/PR/MFAEP du 05 Juillet 1967 portant reglamentation des prixes et stocks (-forthcoming-)

WTO: Trade Policy Review 2004

UNCTAD, Conférence Des Nations Unies Sur le Commerce et le Développement, 2004 (in French)

No information available

No information available

Direction de la Concurrence et Du Commerce Interieur
Ministère de L'Industrie, Du Commerce et de la Promotion de L'emploi
B.P. 2037
Cotonou
BENIN

Tel: (229) 30 70 10/14/15/29; 31 25 22; 31 33 57
Fax : (229) 30 70 42; 30 30 24
E-mail: mcatdce@intnet.bj

Ministère de L'Industrie, Du Commerce et de la Promotion de L'emploi.
Direction de la Concurrence et Du Commerce Interieur

Legislation
(Legal Acts-Regulations-Resolutions)

Botswana is in the process of adopting a competition law. Section 48 of the Telecommunications Act, 1996 provides for Competition rules while Section 69 of the Industrial Property Act provides for Acts of Unfair Competition.

Section 48 of the Telecommunications Act, 1996

Section 69 of the Industrial Property Act

Selected Cases

Department of Trade and Consumer Affairs
Ministry Of Trade and Industry
P/B 004
Gaborone

Tel: +267 301 1233
Fax: +267 397 5239
Email address: mpmmopi@gov.bw

Botswana Telecommunications Authority ( BTA)

The BTA promotes the development of efficient telecommunication services in Botswana. As such, it acts as a 'referee' in the telecommunication industry of
Botswana. It governs participation in the market, protects the interests
of consumers and facilitates entry of new comers in the industry and
ensures that the incumbent operator(s) do not abuse their market
power. BTA 'levels the playing field' for all players in the market.

Burkina Faso (Last Updated 01/06/09)

All African Countries

Loi 15/94 du 5 mai 1994 portant organisation de la concurrence au Burkina Faso

Loi N° 033-2001/An Portant Modification de la Loi N°15/94/ADP Du 5 Mai 1994 Portant Organisation de la Concurrence Au Bukina Faso.

Community Competition Legislation (effective since 1 January 2003):

• Regulation No. 02/2002/CM/UEMOA - deals with anticompetitive practices inside the West African Economic and Monetary Union (WAEMU)
• Regulation No. 03/2002/CM/UEMOA - relates to procedures applicable to restrictions and the abuse of a dominant position inside the WAEMU
• Regulation No. 04/2002/CM/UEMOA - deals with State assistance inside the WAEMU and to the conditions of apllication of article 88(c) of the treaty
• Regulation No. 01/2002/CM/UEMOA - deals with issues related to the transparency of financial relations, on the one hand between the member States and public enterprises, and on the other, between the member states and international or foreign organisation
• Directive No. 02/2002/CM/UEMOA - promotes cooperation between the Commission and the national competition structures of member states through the application of articles 88 and 90 of the UEMOA treaty.

(Source: Competition Regimes)

No information available

No information available

No information available

No information available

UNCTAD, Conférence Des Nations Unies Sur le Commerce et le Développement, 2004 (in French)

No information available

Commission Nationale de la Concurrence et de la Consommation
Ministère du Commerce, de la Promotion de l'Entreprise et de l'Artisanat
B.P. 19
Ouagadougou
BURKINA FASO

Tel: (226) 31 79 30; 32 40 43/44
Fax: (237) 31 70 53; 31 84 97

Commission Nationale de la Concurrence et de la Consommation (-forthcoming-)

Cameroon (Last Updated 01/06/09)

All African Countries

OECD, Challenges/ Obstacles Faced By Competition Authorities In Achieving Greater Economic Development Through The Promotion Of Competition, 2004

Direction des Prix et de la Métrologie
Ministere de l'Economie et des Finances
B.P. 501
Yaoundé
CAMEROON

Tel: (237) 220 35 69; 223 26 17
Fax: (237) 220 79 47; 223 26 17

Central African Republic (Last Updated 01/06/09)

All African Countries

Direction de la Concurrence
Ministere de l'Industrie, du Commerce et de la Promotion du Secteur Prive
Bangui
CENTRAL AFRICAN REPUBLIC

Tel: (236) 61 07 69; 61 10 55; 50 67 52
Fax: (236) 61 76 53

All Asian countries

No competition law yet in force. However awareness seminars have already taken place in Congo.

No information available

No information available

Egypt (Last Updated 01/06/09)

All Asian countries

No competition law yet in force.

Ministry of Trade and Industry
P.O. Box 1844 Asmara
Tel: 118 386 / 117 717
Fax: 118 386 / 120 586

No information available

All Asian countries

Trade Practice Proclamation No. 329/2003:

This newly introduced competition law falls under the purview of the Ministry of Trade and Industry. It intends to regulate anti-competitive practices and to protect the public from abrupt shocks; it will regulate prices and ensure equitable distribution of certain basic goods and services during times of shortage and irregular supply. The core objective of the new law is to impede anti-competitive practices and to stop market monopoly behaviour and/or agreements.

"Ethiopian Unfair Competition Law: A critical evaluation", by Alemayehu Fentaw

"Ethiopian consultants warn of dumping threats as country answers to WTO", by Tadesse Kirubel

Preliminary country paper of Ethiopia on competition regime: capacity building on competition policy in select countries of eastern and southern Africa (7up 3 project), by Gebremedhine Birega

No information available

No information available

No information available

No competition law yet in force. Gabon is a party to the Cotonou agreement between the EU and African, Caribbean and Pacific countries. Article 45 of the Cotonou Agreement concerns competition policy.

No information available

No information available

Direction Générale des Prix et des Enquêtes Economiques
Ministère de Finances, de l'Economie, du Budget et des Participations
chargé de la Privatisation
BP. 1064 Libreville
GABON

Tel: + (241) 76 13 35, 77 89 71/73; 76 19 37
Fax: + (241) 72 00 32; 77 89 72

No information available

No information available

Ghana is in the process of adopting a competition law. Ghana does not have a composite competition act. Rather it has rules dispersed in its company’s code, investment legislation and other statutes.

Protection against unfair competition, Act 589/2000:

"This Act was passed in order to provide for protection against unfair competition.
Unregistered marks are also protected under this Act."

No information available

No information available

Cotonou Agreement - Article 45

No information available

No information available

Programme on Competition Law and Policy seeks support to expand beyond Latin American region, UNCTAD, 22 April 2008

State of Competition Regime in Ghana: Preliminary Country Paper,September 2008

Ministry Of Trade and Industry
P.O Box M47 Accra

Tel: (+233-21) 663327
Fax: (+233-21) 662428
Email: mis-moti@africaonline.com.gh

Ministry Of Trade and Industry

Guinea (Last Updated 02/06/09)

All African Countries

No information available

No competition law yet in force.

No information available

No information available

Conotou Agreement - Article 45

No information available

No information available

No information available

No information available

No information available

Direction Nationale du Commerce et de la Concurrence
Ministere du Commerce, Industrie et PME
B.P. 468
Conakry
Guinea

Tel: +(224) 45 37 37; 45 17 43
Fax:+(224) 41 39 90

No information available

No information available

Loi No.91-999 de 27 Decembre 1991 relative a la concurrence (-forthcoming-)

Loi No. 97-10 de 6 Janvier 1997 (-forthcoming-)

These competition provisions affect companies and transactions with an accumulated market share exceeding 50% whereby the Minister for Trade may seek consultations with the Competition Council and potentially prohibit the transaction. Merging parties may notify the Minister prior to completion or within 3 months following completion.

No information available

No information available

No information available

No information available

OECD Global Forum on Competition: Contribution by Ivory Coast

No information available

Commission de la Concurrence
Immeuble " La Pyramide"
9ème étage
01 BP 6594
Abidjan 01
CÔTE D'IVOIRE

Tel: +225 21 23 34; 22 63 31
Fax: +225 21 23 34; 22 63 34

No information available

The Competition Bill, 2009

The Restrictive Trade Practices, Monopolies and Price Control Act - Chapter 504

Cotonou agreement - Article 45

UNCTAD, Voluntary Peer Review on Competition Policy, 2005

OECD Global Forum on Competition Report 2002

Enforcement of Competition Law and Policy in Kenya, Peter Muchoki Njoroge (Commissioner Monopolies and Prices Commission Kenya)

Kenya Government to repeal Monopolies Act

The Monopoly and Prices Commission News

The Monopoly and Prices Commission
P.O. Box 30007
NAIROBI, KENYA

Tel: +254-2-338157
Fax: +254-2-338111
Email: mpc@skyweb.co.ke

No competition law yet in force. Lesotho has no dedicated competition act or authority, but regulates economic entities in terms of the provisions contained within the Industrial Property Order, No. 5, 1989. The government is currently formulating a competition policy proposal in accordance with WTO guidlines.

Lesotho is currently in the process of drafting the Competition Law with the assistance of the UNCTAD. It is anticipated that by June 2007 UNCTAD will have submitted the draft copy and by June 2007 Lesotho will have presented the UNCTAD Draft to the National Drafters- the Drafting Section within the Ministry of Law and Constitutional Affairs for approval. The draft will then be presented to Parliament as the Competition Law Bill for discussion and it is anticipated that this exercise will be completed by early 2008.

(Source: SADC Expert Group Meeting on Competition Law and Policy)

Ministry of Trade, Industry, Cooperatives and Marketing
P. 0. Box 747
Maseru
Lesotho
Tel: +266-312938

All Asian countries

No information available

No competition law yet in force.

No information available

No information available

No information available

No information available

No information available

No information available

No information available

Questionnaire on a free trade agreement with Libya, 30/09/2008

No information available

No information available

All Asian countries

In September 1997, a draft competition law was adopted by the General Assembly having been prepared by the Ministry of Justice. However, the law was never promulgated due to the extensive criticism it received from the World Bank and private sector.

The law was seen as being excessively regulatory, which arguably perpetrated a system of extensive government regulation of private sector business activity. Following this, the Competition Reflexion Committee (CRC) was given responsibility for drafting a revised competition law. The CRC is made up of representatives from both the public and the private sectors, and has retained a private consultant to assist in the competition law drafting project, with funding from the World Bank.

(Source: Competition Law Database)

No competition law yet in force.

No information available

No information available

Conotou Agreement - Article 45

Comesa Competition Regulations

Comesa Competition Rules

SADC Expert Group Meeting on Competition Law and Policy, April 2007

Report on the Comesa Experts' Meeting on the Regional Competition Policy, October 2002

Report on the Comesa Regional Conference on Competition Law and Policy, November 2001

No information available

No information available

Competition and Fair Trading Bill, 1998

An Act to encourage competition in the economy by prohibiting anti-competitive trade practices; to establish the Competition and Fair Trading Commission; to regulate and monitor monopolies and concentrations of economic power; to protect consumer welfare; to strengthen the efficiency of production and distribution of goods and services; to secure the best possible conditions for the freedom of trade; to facilitate the expansion of the base of entrepreneurship and to provide for matters incidental thereto or connected therewith.

Intergovernmental Group of Experts on Competition Law and Policy, Lloyd Muhara of the Malawi Competition and Fair Trading Commission, July 2007

The Analysis and Dispute Settlement Mechanisms Relating to Competition Policy in Regional Free Trade Agreements, Taking into Account Issues of Particular Concern to Small and Developing Countries; the Case of Comesa and Malawi, 2006

The Competition and Fair Trading Commission - (forthcoming)

The Privatisation Commission
Mr. Dye Mawindo Executive Director
CDL House, Independence Drive
P.O. Box 937
Blantyre, Malawi

Tel: + 265 623 655
Fax: + 265 621 248
Email: privatisation@malawi.net

The Competition and Fair Trading Commission (-forthcoming-)

Mali (Last Updated 03/06/09)

All African Countries

L'Ordonnance No. 92-021/P-CTSP du 13 Avril 1992 consacre pour la premiere fois au Mali la liberte des prix de la concurrence - (forthcoming)

Decret No. 99-202/P-RM du Juillet 1999 (-forthcoming-)

No information available

No information available

No information available

Direction Nationale du Commerce et de la Concurrence (DNCC)
B.P. 201
Bamako
Mali
Tel: +(223) 21 08 20; 21 49 28; 21 23 14
Fax:+(223) 21 80 46; 21 35 77; 21 49 28

Conseil National de la Concurrence (CNC)
B.P. 16 - KOULOUBA
Bamako
MALI
Tel: + (223) 22 75 15; 22 71 59; 22 72 72
Fax: + (223) 22 73 99

Direction Nationale du Commerce et de la Concurrence (DNCC) (-forthcoming-)

Conseil National de la Concurrence (CNC) (-forthcoming-)

Mauritania (Last Updated 03/06/09)

All African Countries

No competition law yet in force.

No information available

No information available

Cotonou Agreement - Article 45

No information available

Direction de la Concurrence
Ministere du Commerce et de l'Artsanat
B.P 182
Nouakchott
Mauritania

Tel: +(222) 525 63 43
Fax:+ (222) 525 40 12
dcrf.mcat@mauritania.mr

The Competition Commission of Mauritius is a statutory body established in 2009 to enforce the Competition Act 2007. This Act established a competition regime in Mauritius, under which the CCM can investigate possible anticompetitive behavior by businesses. In its investigations, the CCM has considerable powers to compel businesses and others involved to prove information. If it decides that a business’s conduct is anticompetitive, it has strong powers to intervene and correct the situation. Where businesses have been found to be deliberately agreeing to fix prices or share markets, the Commission can impose fines.

The Commission is a parastatal, under the aegis of the Ministry of Business, Enterprise and Co-operatives. However, the Commission is independent of Government in its decision-making. The Executive Director of the Commission, supported by his staff, decides independently what to investigate and carries out the investigation. Decisions are then taken by five Commissioners, headed by a Chairman. The Executive Director is not a Commissioner.

The Competition Act 2007 provides the statutory basis for all of the Commission’s activities. The full text of the Act is available here: http://www.gov.mu/portal/goc/commerce/file/Compact.pdf

Please note that at present the Act is not fully in force. Parts 1 and 2 of the Act, establishing the Competition Commission of Mauritius, were proclaimed in October 2008. The remainder of the Act, including those parts defining prohibited restrictive practices, has not yet been proclaimed and is not in force. Only actions which are taken after the Act has come into effect can be investigated by the Commission.

Among other things, the 2007 Act repeals the Competition Act 2003, which has never come into force.

No information available

Cotonou Agreement

UK economist launches Mauritian authority (Source: Global Competition Review, 01.12.2008)

Workshop on Competition Law, 23 November 2007

Competition Bill: Préserver la libre concurrence à quel prix? Friday, April 04, 2003

Competition Commission of Mauritius

Street Address:
1st Floor, GM Tower
7 Maupin St
Port Louis

Tel: (+230) 2112005
Fax: (+230) 2113107

Email: info@ccm.mu

Competition Commission of Mauritius

(The following is a part the final text of a paper received from the Permanent Mission of Morocco which was circulated as an advance copy for the Working Group's on the Interaction between Trade and Competition Policy meeting of 22-23 March 2001)

The Law on Free Pricing and Competition sets out a new legal framework for the economic regulation of the market. It will enable Morocco to join the developing countries that have effectively liberalized their economies through the adoption of competition legislation.

Regarded as an economic policy instrument of the Government on the one hand, and a corollary to the freeing-up of prices, the liberalization of foreign trade and privatization on the other, the Law on Free Pricing and Competition aims to ensure:

• free price formation through the free play of competition;
• free market access;
• transparency and fairness in trade relations;
• the strengthening of rules regarding consumer information.

It establishes the principle of free pricing and price determination through the free play of supply and demand. However, there are two exceptions which limit this principle: the Government has the right to intervene on prices, either for structural reasons (monopoly or lack of competition), or for short-term reasons (crisis in the supply of a raw material such as oil, or a disaster affecting the population, such as drought).

It promotes healthy and fair competition by prohibiting anti-competitive practices. Such practices may involve either collusive pricing or market allocation, or the abuse of an operator's or group of operators' dominant market position or of an economic partner's dependency.

It introduces a mechanism for activities relating to economic concentrations. The aim is to allow merger activities to be controlled and monitored because they can create or strengthen dominant positions which could be detrimental to free competition. The aim is not to prevent the consolidation of economic operators, but to ensure that such groupings leave the market sufficiently competitive.

It increases the transparency and fairness of trade relations by defining rules of transparency and prohibiting practices that are restrictive to normal trade relations between economic operators. Restrictive practices affecting competition are:

• those relating to consumer information and protection, including labelling of prices, invoicing, refusal to sell and contingent sales, premium sales;
• those involving restrictive conduct in relations between professionals, including invoicing rules, publication of price lists and conditions of sale, fixed minimum resale prices, discriminatory conditions of sale, refusal to sell and conditional sales;
• those relating to the warehousing of goods and illegal storage.

It defines the competition investigation procedure. The new procedure ensures that the investigations that are needed to protect victimized consumers and companies can be conducted efficiently, and protects controlled undertakings from abusive or arbitrary behaviour on the part of investigators.

The penalties for such practices are determined by the courts in accordance with the offence and the damage caused to the market or operators and the warranting circumstances (bad faith of the parties involved, second offence).

Finally, the Law introduces a change at the level of the institutions responsible for ensuring the smooth operation of market mechanisms by creating a body, the "Competition Council". The Competition Council is made up of experts and has a consultative function in the area of anti-competitive practices (cartels, abuse of dominant positions, economic dependence) and mergers. It plays a significant role in reconciling the interests of operators. It examines the cases put before it and provides technical advice, making proposals to the Prime Minister regarding action to be taken.

Dahir n° 1-00-225 portant promulgation de la loi 06-99 relative à la liberté des prix et de la concurrence

Morocco's Competition Law came into effect on 6 July 2001 and relates to pricing freedom and Competition. It repeals the law of 1971 relating to control of prices and conditions of sales, products and goods. (Source: GCP)

Law No. 06-99 governing Free Pricing and Competition:

The purpose of this Law is to establish a legal framework for free pricing and competition. It ensures transparency and fairness in trade relations.

No information available

No information available

The Association Agreement, 2000 An agreement, sections of which address the issue of competition, between the EU and Morocco.

No information available

No information available

No information available

Les relations du Maroc avec L’Organisation de Coopération Economique et de Développement

Competition law in Morocco, by Frédéric Elbar

Morocco establishes new Competition CouncilMorocco establishes new Competition Council, by Sarah Touahri for Magharebia in Rabat – 09/01/09

Direction de Prix et de la Concurrence
Ministère des Affaires Générales du Gouvernement
Palais Royal, Le Mechouar, Rabat
Maroc
Tel: +2127 67 56 32
Fax: +2127 77 16 97

Ministère du Commerce, de l'Industrie et de l'Artisanat, Quartier des Ministères , Chellah, Rabat- MAROC
Tel : + 2127 76.57.43
Fax : +2127 76.63.73

Ministère du Commerce, de l'Industrie et de l'Artisanat, quartier des ministères

(Conseil de la Concurrence (-forthcoming-)

No information available

Mozambique does not have legislation pertaining to competition law, even though it is a signatory to the Treaty Establishing the Common Market for Eastern and Southern Africa. The treaty under Article 5 obliges signatories to facilitate competition within the common market. Like Swaziland, Mozambique has sought the assistance of the Zambian Competition Commission to establish a competition law regime of its own.

The Mozambican Government approved a Competition Policy in July 2007 but it is now being revised. It has been reported that a Competition Law is due to be approved by June 2008 (Source: MacauHub)

No information available

No information available

Cotonou Agreement - Article 45

No information available

No information available

No information available

Competition Laws needed in Africa, ACP Business Climate Facility, June 2007

UNCTAD, An Assessment of anticompetitive practices and their effects on the Mozambican Economy (In Spanish)

Mozambican Government to publish Competition Law, Macauhub, 18 February 2008

No information available

No information available

Namibia (Last Updated 03/06/09)

All African Countries

Competition Act 2003 (Act No. 2 of 2003): Act To safeguard and promote competition in the Namibian market; to establish the Namibian Competition Commission and make provision for its powers, duties and functions; and to provide for incidental matters.

1. SA is African Leader in Competition Law, Sanchia Temkin, 11 March 2008
2. Competition Policy for Namibia: Promoting Fair Competition and Economic Development by Trudi Hartzenberg - The Namibian Economic Policy Research Unit (NEPRU), February 2003
3. Switch to Competition. Regulatory Challenges for Namibia’s Telecommunication Sector, 2006
4. African Peer Review Mechanism, 2006
5. Capacity of Building Competition Policy in Namibia, 2005
6. Competition Policy for Namibia Promoting Fair Competition and Economic Development, Hartzenberg T., 2003

Ministry of Trade and Industry
Block B, Brendan Simbwaye Square, Goethe Street
Private Bag 13340, Windhoek, Namibia
Tel: +264-61-283-7111

Niger (Last Updated 03/06/09)

All African Countries

No information available

No information available

No information available

Conotou Agreement - Article 45

No information available

No information available

No information available

OECD, Country Studies: Niger, 2006

No information available

Direction du Commerce Interieur
et de la Concurrence
B.P 480
Niamey
Niger
Tel: + (227) 73 58 69
Fax: + (227) 73 21 50
E-mail: nicom@intnet.ne

Nigeria (Last Updated 22/11/11)

All African Countries

Nigeria is in the process of adopting a competition law

Nigeria’s draft Federal Competition Bill

However the House of Representatives Committee on Privatisation and Commercialisation on September 12 and 13, 2001 during a national conference on the imperative of Competition Legislation proposed the enactment of a Federal Competition Commission Bill to Wit:

"A Bill for an Act to maintain, encourage and stimulate competition amongst enterprises in Nigeria, to eliminate anti-competitive practices, mergers, acquisitions and abuse of dominant positions of market power among enterprises that limit access to markets or otherwise tend to impede or distort normal competition and adversely affect commercial activity and economic development within Nigeria; to establish a Federal Competition Commission to administer this Act and the duties, functions and powers provided herein and to facilitate the implementation and enforcement of competition and consumer protection policies, and for purposes connected therewith".

However this bill has not been passed as an Act of the National Assembly. Thus the main legislation on competition in Nigeria is the provisions of the Investments and Securities Act, 1999.

No information available

"CBN's new cashless policy for the Nigerian economy and competition law and policy" by Nnamdi Dimgba, 22 November 2011, (The Guardian, Nigeria)

"How CBN's Cashless Policy Conflicts with Competition Law" by Nnamdi Dimgba and Dapo Akinosun, November 2011 (ThisDay, Nigeria)

Anti-Competitive Business Practices by Dominant Firms in Nigeria and the Securities and Exchange Commission's Company Break-up Powers under the Investments and Securities Act 2007 by Nnamdi Dimgba, April 2010

The Regulation of Competition through Merger Control: the Case under the Investment and Securities Act 2007 by Nnamdi Dimgba, April 2009

The Need and the Challenges to the Establishment of a Competition Law Regime in Nigeria by Nnamdi Dimgba, March 2008

The Privatisation of Refineries, Competition Law, and Economic Competitiveness by Nnamdi Dimgba

Privatisation, Why Highest Bid Not Always Best by Nnamdi Dimgba

The Urgent Need for Anti-trust Law by Nnamdi Dimgba LLB, published by ThisDay newspaper, 3 February 2004.

Antitrust in Nigeria: A review of the Meger Provisions of the Competition Bill by Nnamdi Dimgba LLB published by Kluwer Law International in the Comparative Law Yearbook of International Business (2003, volume 25, pp. 327-339).

OEDC, Country Studies: Nigeria, 2006

Senegal (Last Updated 09/05/08)

All African Countries

Loi No. 94-63 du 22 aoút 1994 sur les prix, la concurrence et le contentieux economique. Law on Price, Competition and Economic Contentious (In French)

(Decret No. 95-77 du Janvier 1995 portant application des articles 44 et 64 de la loi 94-63 de 22 aoút 1994 sur les prix, la concurrence et le contentieux economique. Decree on Price, Competition and Economic Contentious. - forthcoming)

1. OECD, Abusive of Dominance in Regulated Sectors, 2005
2. UN, Le role du pouvoir judiciare dans l’application du droit de la concurrence, 5TH UN Conference, November 2005 (In French)
   
   

Commission Nationale de la Concurrence
Ministere du Commerce
Building administratif - 5e étage BP 4029
Senegal

Tel: +(221) 882 92 88
Fax:+(221) 821 91 32

Commission Nationale de la Concurrence

Ministere du Commerce

South Africa (Last updated 07/09/09)

The Competition Commission (Commission) plays a pivotal role in the development of the South African economy. It creates an environment where an efficient business sector can become internationally competitive and where small businesses can participate more effectively in the economy. Most importantly, it ensures that consumers can obtain the most competitive prices and a greater product choice.

The Competition Act (Act. No.89 of 1998) was passed by Parliament in September 1998. Certain provisions of the Act came into effect on 30 November 1998 to allow for the establishment of the institutional framework. During the first five months of the financial year, the period from 1 April 1999 to 31 August 1999, the focus of the Commission was on the recruitment and training of staff, the completion and equipping of the building, the development of the necessary systems and the drafting of the procedural rules and necessary regulations. All of these activities ensured that the Commission was ready to commence operations, when the remaining provisions of the Act came into effect.

This contribution was submitted by the Contribution from South Africa by ADV. MENZI SIMELANE Commissioner: Competition Commission. (OECD Papers.Special Issues.Global forum on Competition.17 and 18 October 2001).

The relevant legislation is the Competition Act 89 of 1998 and the regulations promulgated in terms of that Act. The enforcement agencies are the Competition Commission, the Competition Tribunal and the Competition Appeal Court. In its original form there were significant problems with the legislation and the relevant thresholds were too low. The position has been substantially improved by the Competition Second Amendment Act 2000 which came into effect on February 1, 2001.

By Bowman Gilfillan Inc. Contact Person: Robert Legh. Getting the Deal Through

The Competition Acts

Competition Amendment Bill signed into Law (September 2009): The Competition Bill makes provisions on complex monopolies and also allows for criminal sanctions against those found guilty of cartel activity. Text and further information on the Bill will be provided in due course. (Also, see 'News' heading, below)

The Consolidated Act (Incorporating all the Amendments) To provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers; and for the establishment of a Competition Tribunal responsible to adjudicate such matters; and for the establishment of a Competition Appeal Court; and for related matters.

The Competition Act 89 of 1998
To provide for the establishment of a Competition Commission responsible for
the investigation, control and evaluation of restrictive practices, abuse of
dominant, position, and mergers; and for the establishment of a Competition
Tribunal responsible to adjudicate such matters; and for the establishment of a
Competition Appeal Court; and for related matters.

Amendments

First Amendment Bill
Second Amendment Bill
Second Amendment Act

Maintenance & Promotion Of The Competition Act 96 of 1979

The Regulations

The Rules And Procedures Of The Competition Commission

The Thresholds

Proclamation

Anti-cartel enforcement template

Leaflets

The Competition Act: A Consumer Guide

The Competition Act: A Guide For Trade Unions

The Evolution of Policy in SA

Forms

Merger Forms

Form CC 4 (1) - Merger Notice

Form CC 4 (2) - Statement of Merger Information

Form CC 5 (1) - Notice of Intention to Participate

Form CC 6 - Notice of Abandoned Merger

Form CC 7 - Claim that Information is Confidential

Form CC 9 - Notice to Report Small Merger

Exemption Forms

Form CC 3 (1) Application for Exemption (Section 10(1))

Form CC 3 (2) Application for Exemption (Section 10(4), Intelectual Property)

Form CC 3 (3) Application for Exemption (Schedule 1)

Form CC 7 Claim that Information is Confidential

Complaints Forms

Form CC 1 Complaint

Form CC 7 Claim that Information is Confidential

Merger Cases

Prohibited Practices Cases

Exemption Cases

Media Releases 2009

Media Releases 2008

Media Releases 2007

Media Releases 2006

Media Releases 2005

Media Releases 2004

Media Releases 2003

Media Releases 2002

Media Releases 2001

Media Releases 2000

Annual Reports - OECD- 2003

Competition Commission: Annual Reports (1999-2008)

Competition Tribunal: Annual Reports

UNCTAD, Handbook on Competition Legislation, 02/03/2007

OECD Peer Review of Competition Law and Policy 2003

Speeches

2003 - Conference Speeches

2002 - Conference Speeches

2001 - Conference Speeches

Other Presentations - by the Commissioner - Adv Menzi Simelane

Latest Publications Brochures

General Brochures

The Competition Act: An Introduction

The Competition Act: A Guide To Prohibited Practices

Competition tribunal Publications: Speeches

Competition Regulation: The South African Experience
Paper presented by D. Lewis to ISCCO Conference 2000, Taipei - 21 June 2000

Notices and Updates

Price Fixing can land Company Directors in Jail (Source: Inter Press Service News Agency; 02 September 2009)

The Competition Commission Notices and Updates

Competition Tribunal News

South Africa: The Effect Of The Launch Of COMESA´s Regional Competition Commission In Africa And Beyond, Article by Jason Van Dijk and Vandana Lowton, 20 May 2009

1) South African Competition Law And Public Interest, Mondaq 29/03/07

2) South Africa: Competition Tribunal Approval Cans Competitive Concerns in Favour of Efficiency, Mondaq 17/06/06

The Competition Commission South Africa

Postal address
The Competition Commission
Private Bag x23,
Lynwood Ridge,
0040
South Africa

Physical address
The Competition Commission
Building C
Mapungubwe Building
77 Meintjies Street
Sunnyside, Pretoria
Tel: +27 12 394-3200
Email: ccsa@compcom.co.za

Competition Appeal Court

Contact Details:
Mr Shan Ramburuth:
Registrar of the Competition Appeal Court
Tel. No. +27 (12) 482-9204
Fax. No. +27 (12) 482-9201
E-mail: shanr@comptrib.co.za

The Competition Tribunal

Physical address
Building C, Glenfield Office Park
Cnr. Glenwood & Oberon St.
Faerie Glen
Pretoria

Postal address
Private Bag X28
Lynnwood Ridge
0040
E-mail address: ctsa@comptrib.co.za
Tel: +27 (12) 482 9200
fax: +27 (12) 482 9201

The Competition Commission South Africa

The Competition Tribunal

The Competition Appeal Court

No information available

Swaziland is in the process of adopting a competition law. Swaziland is a signatory to the Treaty Establishing the Common Market for Eastern and Southern Africa. Article 5 of this treaty requires signatory states to create competitive market conditions within the common market. With the assistance of the Zambian Competition Commission, Swaziland has a draft Competition Bill. The Bill proposes to establish a Commerce Commission. The bill is awating parliamentary assent.

The objectives of this new Bill are as follows:

• Encourage competition in the economy by controlling anti-competitive trade practices, mergers and acquisitions, monopolies and concentration of economic power and unfair trade practices; promote economic development and growth and protect consumer welfare;
• Provide an appropriate institutional and operational mechanism for its administration, including the Fair Trading Act.
• Provide for the establishment of a Competition Commission.

Competition Amendment Bill

Cotonou Agreement - Article 45

COMESA Agreement - Article 55

Performance Report to Parliament, 2002-2003 (2.1.6 Draft Competition Bill)

No information available

No information available

No information available

The Fair Trade Practices Act, 2003 (An Act to promote and protect effective competition in trade and commerce, to protect consumers from unfair and misleading market conduct and to provide for other related matters).

No information available

No information available

Cotonou Agreement - Article 45

No information available

No information available

No information available

CUTS, Competition Law and Policy - A Tool for Development in Tanzania, 2002

OECD, Challenges faced by competition authorities in achieving greater economic development through the promotion of competition in Tanzania, January 2004

UN, The Rol of Economic Analysis in Competition Law Enforcement, 5th UN Conference on Competition Policy, November 2005

No information available

The Fair Competition Commission
PO Box 9503
Dar es Salaam
Tanzania
Tel: + (255) 22 2180075
E -mail: mit@covision2000.com
www.tanzania.go.tz

Ministry of Industry and Trade Permanent Secretary
Co-operative Union Building
Lumumba Road
P.O. Box 9503
Dar es Salaam
Tel:+ 255 22 2181397, 2180418, 2117219-23
Fax: +255 222182481, 2112527, 2113427

Fair Competition Comission

Togo is in the process of adopting a competition law.

No information available

No information available

Cotonou Agreement - Article 45

No information available

No information available

No information available

No information available

Ministère de l'Economie et des Finances - Lomé
tél: + 228 21 35 54 fax: + 228 21 09 05
info@republicoftogo.com

Ministère de l'Industrie et du Commerce - Lomé
Tél: + (228) 21 05 52
Fax: + (228) 21 05 72

Chambre de Commerce D'Agriculture et D'Industrie Du Togo (CCAIT)
B.P. 360 Lomé TOGO
Tél. + 228 21 20 65 / 21 70 65
Fax + 228 21 47 30
Email : info@republicoftogo.com

Ministère de l'Economie et des Finances - Lomé (-forthcoming-)

Ministère de l'Industrie et du Commerce - Lomé (-forthcoming-)

Euro-Mediterranean Agreement

Competition Laws in Mena An assesment of the status quo and the relevance of a WTO Agreement by Mohamed El Hedi Lahouel

Direction Generale de la Concurrence et du Comerce Interieur Ministere du Comerce et de L’artisanat

6 Rue de Venezuela
Tunis
Tunisia
Tel: + (2161) 781 729
Fax: + (2161) 781 847
Email: Mohsen.Aroui@email.ati.tn

Conseil de la Concurrence de Tunisie

7, Rue 7000/av. Khereddine Pahcha
Tunis
Tunisia
Tel: + (2161) 795199/797376
Fax: + (2161) 796230

No information available

Uganda has no legal regime that governs competition law, even though it is a signatory to the Treaty Establishing the Common Market for Eastern and Southern Africa.

A Competition Bill has been drafted in 2004. When the draft Competition Bill is finally enacted, it will:

• Foster competition in the Ugandan market;
• protect consumers' interests, whilst safeguarding the freedom of economic action of various market participants;
• prevent practices which limit access to markets or otherwise unduly restrain competition, affecting domestic or international trade or economic development and;
• establish a Competition Commission in Uganda.

(Source: CUTS International)

A Study Report on Competition Law, 2004 - Uganda Law Reform Commission

No information available

No information available

Conotou Agreement - Article 45

No information available

No information available

No information available

Competition and Consumer Protection Scenario in Uganda, CUTS International, 2003

No information available

No information available

No information available

Competition policy in Zambia

The Competition and Fair Trading Act Chapter 417 was enacted in 1994, to encourage competition in the economy by prohibiting anti-competitive trade practices; regulate monopolies and concentrations of economic power; protect consumer welfare; strengthen the efficiency of production and distribution of goods and services; secure the best possible conditions for the freedom of trade; and to expand the base of entrepreneurship.

The competition and Fair Trading Act contains the following prohibitions:

Anti-Competitive Practices - This prohibits agreements of concerted practices between enterprises, which have the objective of preventing, restricting or distorting competition to an appreciable extent in Zambia or any substantial part of it.

Mergers and Takeovers - The merger control regulation under the Act applies to all mergers in the economy that involve the acquisition or the establishment of control over a significant interest in the whole or a part of a business of a competitor, supplier, customer or other person.

Trade Agreements - This deals with Horizontal arrangements, this refers to implicit or explicit arrangements between firms competing with identical or similar products in the same market.

Anti Competitive Trade Practices by Associations - Section 10 captures anti-competitive practices by trade associations. “Trade Associations” here means a body of persons which is formed for the purpose of furthering the trade interests of its members or of persons represented by its members.

Unfair Trade/Consumer Welfare and Protection - This contains a range of provisions aimed at protecting consumers.

Criteria for Controlling Monopolies and Concentrations of Economic Power - Section 11 concerns control of monopolies and concentrations of economic power.

By the Zambia Competition Commission

Legislation
(Legal Acts-Regulations-Resolutions)

The Competition and Fair Trading Act

Competition Rules in Zambia

Information on Cross-border competition agreements

Zambia is currently intending to sign a Bilateral Trade Agreement (BTA) with Zimbabwe, in which there is a clause for cooperation between the two respective competition authorities to ensure that trade between the two countries is not restricted due to anti-competitive practices.

The Competition Authorities in Zambia and South Africa are also planning to agree on a staff exchange programme (by way of secondment to each other's competition authority).

Cotonou Agreement - Article 45

Annual Report 1999

Zambia Competition Commission Annual Reports

Understanding the Dynamics of Competition in Telecommunications Services in Zambia, by Thula Kaira, 17-19 March 2009

Harmonizing the Objectives of Competition Policy and Regulation, by Thula Kaira, 17-19 March 2009

Competition Commission Publications

UN, Investment Policy Review, 2007

CUTS, Competition Law in Zambia, 2002

OEDC, Global Forum Competition, 2001

Zambia Competition Commission Publications

Zambia Competition Commission
4TH Floor Main Post Office Building
P.O Box 34919
Lusaka, Zambia

Tel +260 1 222787/232657
Fax +260 1 222789
E-mail zcomp@zamtel.zm

Zambia Competition Commission

Competition Act 1996

Zimbabwe Act To amend the Competition Act, 1996; to repeal the Tariff Commission Act [Chapter 14:29]; to amend the Trade Development Surcharge Act [Chapter 14:22] and the Customs and Excise Act [Chapter 16;04]; and to provide for matters connected with or incidental to the foregoing.

Competition Law under a Hyperinflationary Environment: The case of Zimbabwe, Africa News, 16 April 2008

Pan-African Network for Promoting Competition and Consumer Welfare Launched, Centre for Competition Investment & Economic Regulation, 30 March 2007

Should the Competition Authority coordinate the activity of sectoral regulators?, Mr. Mosadeq Sahebdin of the Mauritian Institute of Consumer Protection, November 2006

Ministry of Industry and International Trade
Mukwati Building,Corner 4th/Livingstone Av,
P. Bag 7708, Causeway, Harare.
Tel: 702731/ 791824/9
Fax: 704116/ 729311

Ministry of Industry and International Trade

Anti-Corruption & Anti-Monopolies Programme (under construction)