1. Challenges to Competition Reforms in AfricaBy
Chilufya Sampa
Director Mergers and Monopolies

2. Introduction Reforms are easier said than done
Zambian economy was liberalised in 1991 and competition law passed 1994
Law had weaknesses 2006 process to amend began
It has taken four years for the Competition and Consumer Protection Bill to be tabled before Parliament
Not a Priority
Lack of political will and sponsorship
Lack of a competition culture
Competition not easily understood hence low public interest
Reforms are particularly difficult because competition is not well understood in Africa. To effect reforms that are effective there has to be support from stakeholders either from the private sector or from Government. When this support is lacking reforms become difficult to implement.

3. Why reform Reforms were meant to address shortcomings
Institution is not meeting objectives
To improve the enforcement of the law
To be more transparent in enforcement
To be more accountable
To provide for effect decision making and due process
Better coordination with Sector Regulators
To provide for best international practices were possible
The objectives to be achieved have to be understood by all stakeholders especially the movers of reform.

4. Challenges facing Competition Reforms in Africa – CUTS STUDY
Competitive Neutrality - that there is no level playing field between public enterprises and private companies
Nexus between Government and Big Firms- lack of good governance where Government favours certain companies over others
Small and Medium Enterprises - that SMEs do not have adequate policies that promote
Liberalisation and Privatisation – no sequencing in implementing these policies
Trans National Corporations – abuse of power

5. Challenges today
Mainstreaming competition in national development strategies– including SMEs policy
Public interest matters – fairness and consistency
Dominant players and State Owned Companies – level playing field
Concurrent Jurisdiction with Sector Regulators
Lack Public and Govt support
The challenges remain the same. The same issues are still with us because changing a cultural mindset takes time. There are still people in our governments who feel competition policy in developing countries is not desirable.

6. Way Forward Mainstream competition into national development
must have a national policy on competition
Advocacy
Include competition in government strategies for development
Enforce the law
Win over Government to support reform
Public interest Issues
Define them in legislation or regulations
Consider current govt policy
Win over Private sector to support reform

7. Way Forward Cont Dominant Players and State Owned Companies
Advocacy with Government
Investigations and studies highlighting effect on competition
Win over both Govt and Private sector to reform
Concurrent Jurisdiction with Sector Regulators
Define boundaries through MOU
Be mindful of regulatory capture of Sector Regulators
Advocacy
Win over critical stakeholders to reform

8. Way forward Lack of Public and Government Support
Show stakeholders relevance of competition
Raise awareness of competition and benefits
Prosecute wrong doers
Highlight limitations
Make noise on achievements
Win over the PUBLIC for reforms

9. THANK YOU
ZAMBIA COMPETITION COMMISSION 4TH FLOOR MAIN POST OFFICE BUILDING CAIRO ROAD, P.O. BOX LUSAKA TEL: FAX: ZAMBIA