Notice of commencement of investigations in terms of Section 28 of the competition Act [Chapter 14:28]
Competition and Tariff Commission Commences Investigation into the Distribution of Stock feeds and Day Old Chicks
Notice is hereby given to all interested stakeholders and the general public that pursuant to Section 28(2) of the Competition Act [Chapter 14:28](the “Act”), the Competition and Tariff Commission (the “Commission”) has commenced an investigation into an alleged restrictive practice into the distribution of stock feeds, as defined in Section 2 of the Act.It is alleged that distributors of day old chicks are making the sale of chicks conditional upon one buying a particular number of stock feeds bags.
Section 28 of the Act empowers the Commission to undertake investigations into any restrictive practice which the Commission has reason to believe exists or may come into existence. Prima facie, the practice by distributors of day old chicks and stock feeds may constitute a restrictive practice in terms of the Act,with the likely effect of i)restricting the entrance and expansion of players into the stock-feed market, and/or ii) preventing or retarding the expansion of the existing stock-feed market, and/oriii) limiting the commodity or service available due to tied or conditional selling.
The commencement of investigations neither pre-supposes that the conduct being investigated is anti-competitive nor that any of the alleged companies has violated theprovisions of the Act. The Commission will, in accordance with the provisions of Section 28 of the Act, conduct an investigation into the distribution of day old chicks and stock feeds to determine whether the practicerestricts competition directly or indirectly to a material degree.
In view of the foregoing, the Commission hereby gives notice to all interested stakeholders and the general public to submit their representations to the Commission by emailing them to director@competition.co.zw or submit hard copies to:
The Director
Competition and Tariff Commission
Block One, 2nd Floor, Unit L
Celestial Office Park Offices
1908 Borrowdale Road
Borrowdale, Harare.
All representations should be submitted to the Commission no later than the 29 November 2018.
If you wish to seek further details and/or clarifications on any aspect of the Commission’s investigation, you may contact Mr Polite Mukombo, on Tel: (+263) 853127-32 | (+263) 8644137945) or e-mail: pmukombo@competition.co.zw
All representations submitted to the Commission will be treated in strict confidence, and will only be used for the purposes of this investigation.