Presentation Outline
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04/20/23Competition and Consumer Protection Commission 1
Presentation OutlineIntroductionRegulatory EnvironmentCCPC’S interface with Financial AuthoritiesCase studies of Collaboration with financial
authoritiesChallenges and wayforward
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IntroductionThe relationship between CCPC and Financial
Authorities is very critical in a liberalised economy to ensure that there’s effective competition and that consumers are protected against unfair trading practices
CCPC has concurrent jurisdiction in so far as enforcement of competition and consumer Protection Act is concerned
However, CCPC works with financial sector regulators in order to enhance the enforcement of the law
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Regulatory EnvironmentInteraction with financial regulators in
Zambia
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CCPC
Bank of Zambia
Securities Exchange
Commission
Pensions and
Insurance Authority
CCPC’S interface with Financial AuthoritiesIn areas of concurrent jurisdiction, the co-operation
between CCPC and financial authorities is of paramount importance.
Essentially financial authorities are there to regulate and monitor the operations of financial markets so as to enhance macroeconomic development.
CCPC has signed MoUs with local financial authorities with the view of enhancing enforcement coordination of conducts relating to Competition and Consumer Protection as guided by Section 42 of the CCPA
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Case studies of Collaboration with financial authoritiesWorking with PIA Working with SECCCPC solicited PIA’s
guidance when it was investigating unfair trade practices in the insurance sector e.g African Life Assurance casesIt was alleged that ALA
was deducting premiums from its former clients despite being notified
CCPC always engage SEC when conducting a market review for a possible merger in a given sector
CCPC sits on the market regulations Committee
CCPC has asked Board to allow SEC to sit on TC of CCPC
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Working with BoZWorked with BoZ in investigating misleading,
unfair contract terms and other unfair trade practices against Banks & Micro Financial Institutions
Worked on anticompetitive trade practices against International Money Transfer operators (IMTOs) following a complaint from BoZ
The two ITMOs (Western Union & MoneyGram) had exclusivity clauses in their agreements with local agents barring them not to have more than one ITMO.
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Working with BoZ ContThe Commission’s investigations revealed that
the agreements were anticompetitive as they were resulting into substantial lessening of competition in the relevant market
The Commission ordered the ITMOs to remove exclusive clauses in their agreements with agents
The effect: The local agents are now able to have more than one ITMO e.g ZamPost now handles both MoneyGram & Western Union
Consumers have a choice to make about their preferred ITMO
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Challenges & WayforwardChallenges WayforwardLack of corporation
sometimes hinders the progress of investigations
There has been a push to remove the powers of CCPC to investigate consumer violations in the financial sector
Balancing the issue of confidence in the sector and removing the sector of RBPs
CCPC will continue to lobby the regulators to continue collaborating within the framework of the MoU
CCPC has employed advocacy programmes to share the importance of it investigating consumer violation in the financial sector
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Challenges & Wayforward
Challenges WayforwardFinancial authorities
may want to ensure survival of industry e.g. insurance wants a minimum price for the insurance sector
However, CCPC sees this conduct as cartelistic
Need for financial authorities to enhance their capacities to monitor their sectors without promoting Restrictive Business Practices (RBPs)
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