Competition and Consumer Protection Commission: Remedies, Fines, and Guidelines
The Competition and Consumer Protection Commission discusses basic principles, remedies under the CCPA, and guidelines on setting fines for violations. Remedies must be fair and proportionate, including both financial and non-financial options. The CCPA provides various remedies and penalties for consumer protection violations, such as defective goods and unfair trade practices. Clear criteria for decisions and explanations are essential to ensure transparency. Guidelines for setting fines based on turnover and specific offenses are outlined.
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Presentation Transcript
BY BY LBY LIYA BY LIYA LIYA LIYA B. TEMBO Director -Legal & Enforcement CCPC Presented at the 2013 African Dialogue Conference Held at The Zambezi Sun Hotel, Livingstone, Zambia Competition and Consumer Protection Commission 30/9/2024 1
PRESENTATION OUTLINE Basic principles 1. Remedies under the Act 1. Guidelines on setting fines 1. Competition & Consumer Protection Commission
BASIC PRINCIPLES Remedies must: be fair, suitable and proportionate Where possible, restore the complainant ot the position they would have been in if the breach had not occurred Timely, consistent & reasonable Competition & Consumer Protection Commission
BASIC PRINCIPLES Remedies can be both financial & non financial Important thing is that criteria for deciding the applicable remedy should be clear Parties to a case should be made to understand about what remedies apply in a given case Authorities must explain how they reached their decision-entails keeping a clear record of the decision and reasons for it Competition & Consumer Protection Commission
REMEDIES UNDER CCPA The Competition and Consumer Protection Act, No. 24 of 2010 provides for various remedies for violation of consumer protection provisions criminal penalties are provided for certain cases e.g. SUPPLY OF GOODS TO A CONSUMER THAT ARE DEFECTIVE, UNSUITABLE OR THAT DO NOT CONFORM TO THE MANDATORY SAFETY STANDARD 5 Competition & Consumer Protection Commission
REMEDIES UNDER CCPA The remaining provisions on unfair trade practices provide for monetary penalties of up to 10% of annual turnover of offender These include misleading conduct; misrepresentation; failure to provide agreed services as per expectation or within agreed time; product labeling; unfair contract terms & display of disclaimers 6 Competition & Consumer Protection Commission
GUIDELINES ON SETTING FINES Offence Baseline Fine 0.005 turnover Applicable Cap Unfair trading practice of USD 200 for turnover below 2000 USD False misleading representati on or USD 600 for turnover between USD 2000 & USD10000 Price Display USD2000 for turnover between USD100,000 & USD500,000 Unfair Contract Term Competition & Consumer Protection Commission
GUIDELINES ON SETTING FINES Offence Baseline Fine 0.001 turnover Applicable Cap USD4000 Display Disclaimer of of Re-introduction of product on the market 0.01 No cap recalled Competition & Consumer Protection Commission
THANK YOU FOR YOUR ATTENTION FOR FURTHER INFORMATION CONTACT: The Executive Director Competition & Consumer Protection Commission 4th Floor, Main Post Office, Cairo Road P O Box 34919, Lusaka, Zambia. Tel: +260-211-222775/236770 Fax: +260-211-222789 Email: zcomp@ccpc.org.zm Website: www.ccpc.org.zm 9
