Cartel conduct is criminalised by the Competition and Consumer Protection Act No. 24 of 2010.
The offence
It is an offence to be a part of any agreement, decision or concerted practice that has as its object or effect the prevention, restriction or distortion of competition to an appreciable extent in Zambia.
Certain horizontal agreements between enterprises are specifically prohibited. These are agreements that:
- fix directly or indirectly, a purchase or selling price or any other trading conditions;
- divide markets by allocating customers, suppliers or territories;
- involve bid rigging;
- set production quotas; or
- provide for collective refusal to deal in, or supply goods or services.
Sanctions
Maximum fine of 500,000 penalty units or five years’ imprisonment.