A Critical Appraisal of the Institution Controlling Competition in Ethiopia: Analysis of the Law and the Practice

Hillo, Muhammed Kebie (2014) A Critical Appraisal of the Institution Controlling Competition in Ethiopia: Analysis of the Law and the Practice. Masters thesis, Addis Ababa University.

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Abstract

The fact certain country has adopted competition legislation by itself is not an end to control anticompetitive acts in the market place unless it is accompanied by effective and efficient institution implementing this legislation. The institution controlling competition in Ethiopia is known as the Ethiopian Trade Practice and Consumer Protection Authority. The establishment of the Authority is a recent phenomenon and there are many legislative and practical problems associated to it which this study identified. The legislative and practical problems identified by this study are those set in the succeeding paragraphs. Legislatively, the organization, structure, power and functions of the Authority were not well articulated in line with the best experience of countries with similar economic system with Ethiopia. There is no detail description about the qualification of the person to be appointed as Director General, the judges and other staff of the Authority. The issue of conflict of interest and matters regarding immunity of a Director General and the Judges of the Authority is not legislatively addressed in Ethiopia. The Authority does not have secretariat in its organization which may carryout administrative and investigation function. No detailed rules on competence, procedures and priorities of the institutions in case conflict of jurisdiction arise between the Authority and other regulatory bodies set by legislation. The independence of the Authority is under questions due to the fact, the recommendation and appointment of Director General and the Judges of the Authority is made by executive government organ and the Authority is also accountable to it. The fund of the Authority is allotted by the executive body and this make the Authority to be financially dependent on the political organ of the government. The Authority does not have investigative power; administer the service fee it collects and power to issue implementing directives. Only one legal protection mechanism recognized by the law. Practically, the Authority has not become to date fully operational due to factors related to human resource and other infrastructure. There is only one division of the adjudicative tribunal, which situated at the head office, established so far. No competition case had been entertained so far by the Authority. The Authority centered its advocacy works on consumer rights protection than competition. This paper identified the earlier mentioned legislative and practical problems and finally suggests some recommendations which the writer thinks to be appropriate.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Emmanuel Ndorimana
Date Deposited:	12 Jun 2018 07:29
Last Modified:	12 Jun 2018 07:29
URI:	http://thesisbank.jhia.ac.ke/id/eprint/4476

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