This Act was repealed on 9999-01-01 by Competition and Consumer Protection Act, 2010.
Competition and Fair Trading Act, 1994
Related documents
- Is commenced by Competition and Fair Trading (Commencement) Order, 1995
- Is repealed by Competition and Consumer Protection Act, 2010
Zambia
Competition and Fair Trading Act, 1994
Chapter 417
- Commenced on 10 February 1995 by Competition and Fair Trading (Commencement) Order, 1995
- [This is the version of this document at 31 December 1996.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
- [Repealed by Competition and Consumer Protection Act, 2010 (Act 24 of 2010) on 1 January 9999]
Part I – Preliminary
1. Short title
This Act may be cited as the Competition and Fair Trading Act.2. Interpretation
In this Act, unless the context otherwise requires—"affiliated" means associated with each other, formally or informally, by shareholding or otherwise;"anti-competitive trade practices" means the trade practices enumerated in sections seven, eight, nine and ten;"Chairman" means the Chairman of the Commission, elected under paragraph 1 of the Schedule;"Committee" means a committee of the Commission, established under paragraph 5 of the Schedule;"consumer" includes any person—(a)who purchases or offers to purchase goods otherwise than for the purpose of resale but does not include a person who purchases any goods for the purpose of using them in the production and manufacture of any other goods or articles forsale;(b)to whom a service is rendered;"customer" means a person who purchases goods orservices;"distribution" includes any act by which goods are sold or services supplied for consideration;"distributor" means a person who engages in distribution;"Executive Director" means the Executive Director appointed under paragraph 7 of the Schedule;"manufacturing" means transforming, on a commercial scale, raw materials into finished or semi-finished products, and includes the assembling of inputs into finished or semi-finished products but does not include mining;"member" means a member of the Commission;"monopoly undertaking" means a dominant undertaking or an undertaking which together with not more than two independent undertakings—(a)produces, supplies, distributes or otherwise controls not less than one-half of the total goods of any description that are produced, supplied or distributed throughout Zambia or any substantial part of Zambia; or(b)provides or otherwise controls not less than one-half of the services that are rendered in Zambia or any substantial part thereof;"person" includes an individual, a company, a partnership, an association and any group of persons acting in concert, whether or not incorporated;"sale" includes an agreement to sell or offer for sale and includes the exposing of goods for sale, the furnishing of a quotation, whether verbally or in writing, and any other act or notification by which willingness to enter into any transaction for sale is expressed;"Secretary" means the person appointed as such under paragraph 8 of the Schedule;"service" includes the sale of goods where the goods are sold in conjunction with the rendering of a service;"supply", in relation to goods, includes supply or resupply by way of sale, exchange, lease, hire or hire purchase;"trade association" 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; and"trade practice" means any practice related to the carrying on of any trade and includes anything done or proposed to be done by any person which affects or is likely to affect the method of trading of any trader or class of traders or the production, supply or price in the course of trade of any goods, whether real or personal, or of any service.3. Non-application
Nothing in this Act shall apply to—Part II – Zambia Competition Commission
4. Establishment of Commission
5. Seal of Commission
6. Functions of Council
Part III – Anti-competitive trade practices, etc.
7. Enumeration of anti-competitive trade practices
8. Control of mergers and takeovers
9. Trade agreements
10. Anti-competitive trade practices by associations
The following practices conducted by or on behalf of a trade association are declared to be anti-competitive trade practices:11. Criteria for controlling monopolies and concentrations of economic power
12. Unfair trading
A person shall not—13. Authorisation of allowable acts
Part IV – General
14. Powers of Executive Director
15. Appeals
Any person aggrieved by a decision of the Commission made under this Act or under any regulations made hereunder may, within thirty days after the date on which a notice of that decision is served on him, appeal to the High Court.16. Offences and penalties
17. Regulations
The Commission may, with the approval of the Minister, by statutory instrument, make regulations governing—History of this document
01 January 9999
Repealed by
Competition and Consumer Protection Act, 2010
31 December 1996 this version
Consolidation
10 February 1995
Subsidiary legislation
Title
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Competition and Fair Trading (Fees) (Amendment) Regulations, 2006 | Statutory Instrument 46 of 2006 |
Competition and Fair Trading (Fees) Regulations, 1999 | Statutory Instrument 1 of 1999 |