Zambia: Competition and Consumer Protection Commission
Zambia
Abstract Shape Background
Zambia: Competition and Consumer Protection Commission

Zambia: Competition and Consumer Protection Commission

Zambia

Zambia: from the enforcer

Address: 4th Floor, Main Post office Building, Cairo Road, PO Box 34919 Lusaka 10101, Zambia
Tel: +260 211 222 787 / 222 775 / 232 657 / 236 766
Fax: +260 211 222 789
Email: [email protected]

Address: Kitwe Regional Office, PO Box 20158 10101 Kitwe, Zambia
Tel: +260 212 221 115
Fax: +260 212 221 067
Email: [email protected]
Web: www.ccpc.org.zm

Contacts

image-20201216101023-1
Chilufya Sampa
Executive Director
Tel: +260 955 786 634
Email: [email protected]

image-20201216101023-2
LuyambaMpamba
Director, Restrictive
Business Practices
Tel: +260 977 949 796
Email: [email protected]

image-20201216101023-3
Naomi Fulaza
Director, Consumer Protection
Tel: +260 977 872 733
Email: [email protected]

image-20201216101023-4
Brian Lingela
Director, Mergers and Monopolies
Tel: +260 977 745 720
Email: [email protected]

image-20201216101023-5
Maureen Mwanza
Director, Legal and Corporate Affairs
Tel: +260 973 709 650
Email: [email protected]

image-20201216101023-6
BeeneSiyumbwa
Director, Human Resource and Administration
Tel: +260 977 718 363
Email: [email protected]

image-20201216101023-7
VestusChungu
Director, Finance
Tel: +260 977 748 950
Email: [email protected]

Questions and answers

How long is the head of agency’s term of office?

The tenure of office for the Executive Director of the Competition and Consumer Protection Commission (CCPC) is five years.

When is he or she due for reappointment?

The Executive Director of the CCPC was appointed In June 2020 and is due for reappointment in June 2025.

Which posts within the organisation are political appointments?

The members of the Board of Commissioners, the Chairperson and Vice Chairperson of the Board of Commissioners are appointed by the Minister responsible for Commerce, Trade and Industry who is a political appointee. Suffice to say, the Act regulates who should be appointed to the Board of Commissioners. The current board is supposed to have a representative from the Ministry responsible for Commerce, a representative of the attorney general, and five other members with experience and knowledge in matters relevant to the Competition and consumer protection.

What is the agency’s annual budget?

The total budget for the 2020 financial year was around 32.37 million Zambian Kwacha, as contained in the 2020 national budget.

How many staff are employed by the agency?

The CCPC has a staff compliment of 143 but currently has 88 of which sevenare directors (including the executive director), 55 are professional staff including economists and lawyers and 27 are administration or support staff.

To whom does the head of the agency report?

The executive director reports to the Board of Commissioners.

Do any industry-specific regulators have competition powers?

Yes. The competition powers are limited to their respective sectors, but exercise of such powers should be done in consultation with the CCPC.

If so, how do these relate to your role?

Sector-specific laws that relate to competition are complimentary to the CCPC mandate on competition. To this end, the Commission has specific memoranda of understanding with sector regulators for coordination of enforcement of competition powers.

Do politicians have any right to overrule or disregard the decisions of the authority?

No. The Board of Commissioners’ decisions are final and can only be overruled or disregarded by Competition and Consumer Protection Tribunal.

Does the law allow non-competition aims to be considered when taking decisions?

Yes. Public interest issues and the creation of efficiencies are taken into account.

Which body hears appeals against the agency’s decisions?

Decisions of the board of commissioners’ can be appealed to the Competition and Consumer Protection Tribunal.

Is there any form of judicial review beyond that mentioned above? If so, which body conducts this?

Yes. Appeals from the Competition and Consumer Protection Tribunal go to the High court, then the Court of Appeal, and finally to the Supreme Court.

Has any competition decision by the agency been overturned?

Yes. The board of commissioner’s decisions have been challenged before by the tribunal and overturned.

Has the authority ever blocked a proposed merger? If yes, please provide the most recent instances.

Yes. The CCPC has blocked two mergers since the current Competition and Consumer Protection Act came into effect. The most recent instance was in 2014.

Has the authority ever imposed conditions on a proposed merger? If yes, please provide the most recent instances.

Yes. The CCPC has imposed conditions on several mergers and in some cases has requested parties to mergers to give undertakings where mergers werelikely to lead to instances of abuse of dominance and substantive lessening of competition in the relevant market. It is worth noting that most mergers in Zambia are approved with conditions such as maintaining jobs and existing contracts of suppliers and consideration of public interest.

Has the authority conducted a Phase II investigation in any of its merger filings? If yes, please provide the most recent instances.

Yes. The authority conducts Phase II investigations for those merger filings that have competition concerns as per merger guidelines. The most recent instance was in 2018.

Has the authority ever pursued a company based outside your jurisdiction for a cartel offence?

No. This is because of jurisdictional restrictions and lack of formal coordination arrangements with other competition authorities in the investigation and enforcement of cartels. However, the CCPC works with other agencies in the region to try and defect and prevent regional cartels.

Do you operate an immunity and leniency programme? Whom should potential applicants contact? What discounts are available to companies that cooperate with cartel investigations?

Yes. The CCPC operates a leniency programme. Applicants should contact the CCPC through the executive director, the director of legal and corporate affairs, or the director of restrictive business practices. All applicants have a waiver based on the information they provide. However, the first applicant who submits the full and necessary information to the CCPC gets a full waiver of the fine while partial waivers are given to the subsequent applicants.

Is there a criminal enforcement track? If so, who is responsible for it? Does the authority conduct criminal investigations and prosecutions for cartel activity? If not, is there another authority in the country that does?

Yes. Cartel offences are criminal in nature. Investigations are done by the Restrictive Business Practices Directorate. The Directorate of Legal and Corporate Affairs is responsible for prosecutions and criminal enforcement. Depending on the nature of the case, it can be co-prosecuted with the National Prosecutions Authority, the Anti-Corruption Commission, the Zambia Public Procurement Authority or the Drug Enforcement Commission.However, the CCPC has a clear mandate to handle criminal cases affecting competition.

Are there any plans to reform the competition law?

Yes. The Competition and Consumer Protection Act is currently being reviewed for possible amendments.

When did the last review of the law occur?

The last review of the law occurred in 2010 when the old law was repealed, and the new law enacted.

Do you have a separate economics team? If so, please give details?

Yes. The CCPC has a separate economics team headed by the chief analyst who reports to the executive director. The Office of the Chief Analyst offers technical and specialised opinions and advice on cases as a second pair of eyes. This is usually done in biweekly meetings with investigators. However, any investigator is free to seek the advice of the Office of the Chief Analyst whenever the need arises.

Has the authority conducted a dawn raid?

Yes, the CCPC has conducted eight dawn raids since the enactment of the Competition and Consumer Protection Act in 2010.

Has the authority imposed penalties on officers or directors of companies for offences committed by the company?

No. The authority has yet to impose any penalties on officers or directors of companies; however, the law allows for the same.

What are the pre-merger notification thresholds, if any, for the buyer and seller involved in a merger?

The merger notification threshold according to statutory instrument No. 97 of 2011 provides that the threshold be determined by the sum of the combined assets or combined turnovers, whichever is higher of the parties to the merger. Currently, the threshold is 50 million fee units, which currently stand at 15 million kwacha.

Are there any restrictions on minority investments that involve less than a majority stake in the business?

There are no restrictions on minority investments that involve less than a majority stake as the CCPC also reviews mergers that are less than the majority stake.


Zambia: from the enforcer's competition economists

Address: 4th Floor, Main Post Office Building, Cairo Road, PO Box 34919 Lusaka 10101, Zambia
Tel: +260 211 222 787 / 222 775 / 232 657 / 236 766
Fax: +260 211 222 789
Email: [email protected]

Address: Kitwe Regional Office, PO Box 20158 10101 Kitwe, Zambia
Tel: +260 212 221 115
Fax: +260 212 221 067
Email: [email protected]
Web: www.ccpc.org.zm

Contacts

image-20201216101153-8
Chilufya Sampa
Executive Director
Tel: +260 955 786 634
Email: [email protected]

image-20201216101153-9
LuyambaMpamba
Director, Restrictive
Business Practices
Tel: +260 977 949 796
Email: [email protected]

image-20201216101153-10
Naomi Fulaza
Director, Consumer Protection
Tel: +260 977 872 733
Email: [email protected]

image-20201216101153-11
Brian Lingela
Director, Mergers and Monopolies
Tel: +260 977 745 720
Email: [email protected]

image-20201216101153-12
Maureen Mwanza
Director, Legal and Corporate Affairs
Tel: +260 973 709 650
Email: [email protected]

image-20201216101153-13
BeeneSiyumbwa
Director, Human Resource and Administration
Tel: +260 977 718 363
Email: [email protected]

image-20201216101153-14
Vestus Chungu
Director, Finance
Tel: +260 977 748 950
Email: [email protected]

Naomi Banda Nguni
Manager, Internal Audit
Tel: +260 977 693266
Email: [email protected]

Marian Mwalimu Mulenga
Manager, Legal and Corporate Affairs
Tel: +260 0977 342209
Email: [email protected]

Eunice Hamavhwa
Chief investigator, Consumer Protection (Southern Region)
Tel: +260963 755333
Email: [email protected]

Masautso Phiri
Chief Investigator, Consumer Protection (Northern Region)
Tel: +260 977201042
Email: [email protected]

Shakayobo Shandavu
Manager, Finance
Tel: +260 979519160
Email: [email protected]

Patrick Chengo
Chief Investigator, Mergers and Monopolies
Tel: + 260 971778155
Email: [email protected]

Parret Muteto
Chief Analyst, Research and Education
Tel: +260 966449681
Email: [email protected]

Questions and answers

How many economists do you employ?

There are 34 economists (investigators) employed at the Competition and Consumer Protection Commission (the Commission).

Do you have a chief economist?

Yes. The chief economist (chief analyst) heads the Economics Unit (Research and Education Unit).

To whom does the chief economist report?

The chief economist (chief analyst) reports to the Executive Director.

Does the chief economist have the power to hire his or her own staff?

No. The staff reporting to the chief economist (chief analyst) are employed in the same manner as any other employee of the Commission.

How many of your economists have a PhD in industrial economics?

None.

Does the agency include a Specialist Economist on every case team? If not, why not?

Yes. The Office of the Chief Economist (Chief Analyst) offers technical and specialised opinions and advice on cases. This is usually done in bi-weekly meetings with investigators. However, any investigator can also seek the advice of the Office of the Chief Economist whenever need arises. It should also be noted that the investigator is also an economist specialised in investigations.

Is the chief economist a second pair of eyes’ during cases – is it one of the agency’s checks and balances? If not, why not?

Yes, the Office of the Chief Economist provides specialised opinions and advice during cases. It is therefore a second pair of eyes in this sense.

How much economic work is outsourced? What type of work is outsourced?

Specific professional advice on particular cases is outsourced from industry experts, where need arises.

 

View all profiles

Get unlimited access to all Global Competition Review content