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Competition & Consumer Protection Commission

Delve into the case selection process for consumer protection by the Competition and Consumer Protection Commission in Zambia. Learn about the legal framework, resources vs. demand, selection criteria, ambit of the act, priority considerations, and practical examples. Discover how the Commission investigates unfair practices, advocates for consumer rights, and collaborates with sector regulators for effective protection. Explore key factors like evidence, merit, and priority in selecting cases to ensure consumer welfare and fair competition in Zambia.

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Competition & Consumer Protection Commission

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  1. CASE SELECTION FOR CONSUMER/COMPETITION PROTECTION AGENCIES- THE ZAMBIAN CASE BY BRIAN M. LINGELA DIRECTOR-CONSUMER AND EDUCATION COMPETITION AND CONSUMER PROTECTION COMMISSION 5th African Dialogue Conference 10-12th September 2013 Zambezi Sun Livingstone Competition & Consumer Protection Commission

  2. CASE SELECTION-ZAMBIA OUTLINE Introduction Legal Framework Resources vs Demand Case Selection Criteria Ambit of the Act Merit Other Laws Evidence Priority Examples Conclusion Competition & Consumer Protection Commission

  3. CASE SELECTION-ZAMBIA • INTRODUCTION-Legal Framework • The overarching Law on Consumer Welfare is the Competition and Consumer Protection Act No. 24 of 2010 (“the Act”). • The functions of CCPC include- • investigating unfair trading practices and unfair contract terms and impose such sanctions as may be necessary • act as the primary advocate for competition and effective consumer protection in Zambia Competition & Consumer Protection Commission

  4. CASE SELECTION- ZAMBIA • INTRODUCTION-Resources vs Demand • The Commission has a staff complement of 38, serving a population of 13 million people. • Two operational offices in Lusaka, Kitwe recently Chipata Inspectors from Local Councils assist the Commission in the rest of the districts. Competition & Consumer Protection Commission

  5. CASE SELECTION-ZAMBIA • CASE SELECTION CRITERIA • The Act under Section 55(1) gives the Commission power to undertake investigations on its own initiative or on a complaint made by any person, if it has reasonable grounds to believe that there is, or is likely to be, a contravention of any provision of the Act Competition & Consumer Protection Commission

  6. CASE SELECTION - ZAMBIA • CASE SELECTION CRITERIA-AMBIT OF THE ACT • The first thing the Commission considers is whether the complaint is covered by the Act. Complaints that are not covered by the Law are immediately dropped/and or referred to other agencies for further consideration. Competition & Consumer Protection Commission

  7. CASE SELECTION - ZAMBIA • CASE SELECTION CRITERIA-MERIT • The first thing the Commission considers is whether the complaint has merit or not-i.e. frivolous and vexatious allegations are not taken up • The Commission is mandated to take up all cases received from complainants that have merit Competition & Consumer Protection Commission

  8. CASE SELECTION - ZAMBIA • CASE SELECTION CRITERIA - OTHER LAWS • There are several Sector Regulators in Zambia whose mandate includes Consumer protection. • Energy Regulation Board - Energy • Bank of Zambia - Banking • Securities & Exchange Commission - Capital Markets • Pensions & Insurance Authority - Pensions and Insurance • Local Councils - Public Health • National Water Supply and Sanitation Council - Water & Sanitation. • The Commission has signed MOU’s with these bodies. If a case can be resolved expressly by the Sector Regulators, then its referred to the Regulator with no further role by the Commission. • Cases that require both laws and expertise are resolved through Joint Working Committees (JWCS) under the MOUs. Competition & Consumer Protection Commission

  9. CASE SELECTION - ZAMBIA • CASE SELECTION CRITERIA – EVIDENCE • Evidence is key in concluding a case. The Commission does not take up cases were its absolutely clear that there is no evidence or the evidence is not admissible in court. Competition & Consumer Protection Commission

  10. CASE SELECTION - ZAMBIA • CASE SELECTION CRITERIA – PRIORITY • The Commission selects investigations to conduct on its on initiative based on the following- • Emerging trends. • Number of People affected or likely to be affected by the conduct. • Degree of Injury to the Consumer. Competition & Consumer Protection Commission

  11. CASE SELECTION-ZAMBIA • CASE SELECTION CRITERIA-EXAMPLES • Mobile Phone Scams - The Commission made a Press Statement warning the public against sms’s that alleged that they had won a prize and needed to send some money to redeem their prize. • The Commission carried out a successful campaign against the display of disclaimers like “No Return, No Refund, No Exchange” by enterprises. • The Commission has given priority to combating the supply of defective goods, which currently accounts for the majority of the cases. Competition & Consumer Protection Commission

  12. CASE SELECTION-ZAMBIA • CASE SELECTION CRITERIA-CONCLUSION • In the Zambian situation cases are selected based on the following criteria- • Ambit of the Act • Merit • Evidence • Priority-Emerging Trends, Number of Consumers affected and Degree of Injury. • The Commission is mandated to investigate all cases that have merit. Competition & Consumer Protection Commission

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