Competition law in Zambia: The relevance and adequacy of such laws in consumer protection in Zambia

Abstract

The Competition and Fair Trading Act, CAP 417 of the laws of Zambia, was enacted at the transition of Zambia from a state controlled economy to a decentralised free market economy. This meant that there was need to regulate the economy from anti-competitive vices which result in consequences, such as price control and depreciation of quality, which are ultimately detrimental to consumers. The Competition and Fair Trading Act, defines a consumer as any person-(i)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 for sale;(ii)to whom a service is rendered From the above definition, it is clear that the competition and Fair Trading Act contemplates a wide scope of persons that are affected by the anti-competitive trade practices it prohibits for the advancement of a competitive free market economy. This research shall therefore consider the relevance and adequacy of competition law in the promotion and protection of consumer interests in Zambia. This shall be done by looking into the substantive provisions and the enforcement mechanisms under the Competition and Fair Trading Act in light of consumer protection.