The Competition and Consumer Protection Commission (CCPC) has initiated a market inquiry into the pay television services market in Zambia as it has reason to believe that there are features present within this sector that may prevent, distort, or restrict competition as provided under the Competition and Consumer Protection Act (CCP Act).
The inquiry is expected to cover all relevant players in the pay television services value chain who contribute to or influence the market for pay television services in Zambia.
The CCPC has requested formal submissions from stakeholders, including State and non-state actors who, in one way or another, have an interest, influence, or concern in the pay television services market (such as consumers, service providers, regulators, researchers, and academicians).
The inquiry will include, but will not be limited to, market structure, the general adequacy and impact of the current regulatory regime, market behaviour by pay television providers, the adequacy of regulations to promote new entrants, a benchmark of Zambian pay television pricing against those of other countries, and an assessment of whether pay television service quality and coverage are adequate by international standards and the country’s developmental needs.
The CCPC undertakes market inquiries to determine whether there are any features in a sector or whether there is a type of agreement that exists which has the effect of preventing, restricting or distorting competition in connection with the supply or acquisition of services in that sector in Zambia. The inquiry extends to determining whether there is an exemption that applies to a sector under the CCP Act.
The CCPC is required to publish its findings at the conclusion of a market inquiry in a daily newspaper of general circulation in Zambia.
Where the CCPC finds, as a result of a market inquiry, that adverse effects on competition exist in relation to a sector and that an exemption of the conduct does not apply or applies to a limited extent, it may deal with the relevant market players in accordance with the provisions of the CCP Act relating to restrictive business practices such as abuse of dominance or cartel conduct.
In the alternative, where the adverse effects on competition cannot be remedied under the CCP Act or other applicable laws, the CCPC may make recommendations to the Minister of Commerce and Trade for further action, including amending applicable laws as necessary to provide an effective remedy.
As the CCPC is permitted to use its investigative powers under the CCP Act in a market inquiry, participation by market players is mandatory. However, market players are cautioned to ensure that the information submitted to the CCPC as part of this market inquiry does not raise any competition concerns for their operations.
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