CCC/RFP/1/1/2023

Click here to download the full details regarding the Request for Proposal: CCC/RFP/1/1/2023

I. BACKGROUND

1. The COMESA Competition Commission (“the Commission”) is a regional body corporate established under Article 6 of the COMESA Competition Regulations 2004 (“the Regulations”) promulgated under Article 55 of the Treaty Establishing the Common Market for Eastern and Southern Africa (“COMESA”). The Commission has the legal capacity required for the performance of its functions under the Regulations in the territory of each COMESA Member State.

2. The Commission’s core mandate is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market, and to protect consumers against offensive conduct by market actors. The Regulations apply to all economic activities whether conducted by private or public persons within or having an effect within the Common Market. Such conduct includes anti-competitive business practices, agreements, mergers & acquisitions, and consumer protection violations which have an appreciable effect on trade between Member States and which restrict competition in the Common Market. The Regulations also specifically prohibit all agreements between undertakings, decisions by associations of undertakings and concerted practices as incompatible with the Common Market in so far as they may affect trade between Member States and have as their object or effect the prevention, restriction and distortion of competition within the Common Market.

3. The Commission’s mandate as provided under Article 7 of the Regulations amongst others include:

3.1. Help Member States promote national competition laws and institutions, with the objective of the harmonisation of those national laws with the regional Regulations to achieve uniformity of interpretation and application of competition law and policy within the Common Market;

3.2. Co-operate with competition authorities in Member States;

3.3. Co-operate and assist Member States in the implementation of its decisions; and

3.4. Provide support to Member States in promoting and protecting consumer welfare.

4. Ethiopia is one of the 21 COMESA Member States which enacted the Trade Competition and Consumer Protection Proclamation No.813/2013 in 2014 (TCCPP No.813.2013) for the purpose of protecting markets from anti-competitive and unfair market practices as well as consumers from unfair trading conditions. An institution namely the Trade Competition and Consumer Protection Authority (TCCPA) was also set up to enforce the law. Other laws enforced by the institution included the Trade Practice and Consumer Protection Proclamation No 685/2010. However, in March 2022, Proclamation No.1263/2021 was enacted which transferred the powers and liabilities of the TCCPA to the Ministry of Trade and Regional Integration (MoTRI). Under section 22 of Proclamation No.1263/2021, MoTRI has powers and duties to:

i. Perform trade competition and consumer protection functions; (Section 22(o))

ii. “Implement powers and duties, other than adjudication, entrusted to Trade Competition and Consumer Protection Authority under the Trade Competition and Consumer Protection Authority Proclamation No.813/2013”; (Section 22(q)).

5. Further, under Section 105 (4) of Proclamation No.1263/2021, the provisions of the laws relating to the establishment of the TCCPA under the TCCPP No.813.2013 became inapplicable while their rights and obligations were transferred to MoTRI as stipulated under Section 106 of the same Proclamation.

6. Following the changes in the institutional set up relating to the enforcement of competition and consumer protection laws and the changes in officers to enforce the law, there is need to conduct intensive training for members of staff on the enforcement of competition and consumer protection law. To support the effective enforcement of competition and consumer protection laws under MoTRI, there is need to develop a Strategic Plan that will guide the enforcement of the law.

7. There is further need to review and propose amendments to the national competition and consumer protection laws. Ethiopia as a COMESA Member State appreciates that the main objective for the regulation of competition and consumer protection by public authorities is to promote and ensure competitive markets at national level and protect consumers in the Common Market in accordance with Article 55 of the COMESA Treaty. Member States have the obligation to take necessary measures to establish a Common Market based on the four fundamental principles namely: the free movement of goods, the free movement of persons, the free movement of services and the free movement of capital. However, to achieve sustained and effective economic integration, there should be a movement towards the harmonisation of legal rules. It is within this framework that the national competition and consumer protection laws in Ethiopia need to be reviewed and amended.

8. Premised on the foregoing, the Commission and Ethiopia Ministry of Trade and Regional Integration, (hereafter referred as MoTRI) is seeking to engage a Consultant to assist Ethiopia in training members of staff undertaking work on competition and consumer protection matters in MoTRI, Assist MoTRI in the development of the Strategic Plan and Review and amend the national competition and consumer protection laws.

II. OBJECTIVES OF CONSULTANCY SERVICES

9. The main objectives of the Consultancy services are as follows:

i. To provide training to members of staff of MoTRI responsible for enforcing the competition and consumer protection laws. The training is expected to build the capacity of the members of staff in effectively enforcing the laws.

ii. To develop a five year strategic plan which will guide MoTRI on the implementation of the competition and consumer protection laws.

iii. To analyse all the legal provisions of the competition and consumer protection laws and the competition and consumer protection policy that currently exist at national level and propose amendments to the laws that ensure that the laws meet the standards of international best practice, are consistent with other Ethiopian laws on the subject and that they take into account Government policy. The amendments are also expected to harmonise the Ethiopian competition and consumer protection laws with the Regulations in order to achieve uniformity of interpretation of the two laws.

III. SCOPE OF THE CONSULTANCY SERVICES

10. To fulfil the purpose and objectives of the Consultancy Services, the Consultant is expected to perform the following non-exhaustive undertakings:

REVIEW AND AMENDMENT OF THE COMPETITION AND CONSUMER PROTECTION LAWS

10.1. Review the current competition and consumer protection legislation and recommend the necessary amendments.

10.2. Harmonise and modernise the legal provisions on competition and consumer protection at national and regional level;

10.3. Recognise and expressly give legal effect to the COMESA Competition Regulations in Ethiopia;

10.4. Hold consultative meeting(s) (whether in-person or virtually) with the stakeholders and, where deemed relevant, with the Commission and MoTRI and specified stakeholders in order to gather their preliminary views on the national competition and consumer protection policy, law review process and amendment;

10.5. Hold a validation workshop for the adoption of the recommended amendments of the review of the law.

DEVELOPMENT OF THE FIVE (5) YEAR STRATEGIC PLAN

10.6. Review the current enforcement of the competition and consumer protection laws in Ethiopia and develop a logical framework in line with outputs of programmes by specific units.

10.7. Conduct interviews with staff and any other relevant stakeholders to ascertain the challenges faced in implementing the competition and consumer protection laws and what actions have been taken to address these challenges.

10.8. Develop a Strategic Plan that will ensure the effective enforcement of the national and regional competition and consumer protection laws in Ethiopia.

TRAINING FOR MEMBERS OF STAFF

10.9. Be attached to MoTRI for at least 3 months to provide hands on training to the members of staff of MoTRI responsible for enforcing competition and consumer protection law, the training will include the following:
i. Investigations and assessment of national and regional merger transactions in line with the national and regional competition laws.
ii. Investigations and assessment of anti-competitive business practices in line with the national and regional competition laws.
iii. Investigations and assessment of consumer protection violations in line with the national and regional consumer protection laws.
iv. Undertaking market inquiries and studies within Ethiopia.
v. Anything incidental or connected to the foregoing.

IV. EXPECTED RESULTS

11. To attain the objectives, the Consultant, under the supervision of the Commission and MoTRI are expected to come up with the following results:

REVIEW AND AMENDMENT OF THE COMPETITION AND CONSUMER PROTECTION LAWS
11.1. The national legislation on competition and consumer protection reviewed, necessary amendments drafted;

11.2. The relevant stakeholders consulted for their views and input into the amendments to the law;

11.3. The national competition and consumer protection legislation updated and harmonised with the COMESA Competition Regulations to ensure consistency;

11.4. The COMESA Competition law recognised and given legal effect in Ethiopia;

11.5. The necessary draft amendments to the national competition and consumer protection law prepared.

DEVELOPMENT OF THE FIVE (5) YEAR STRATEGIC PLAN
11.6. The current enforcement of the competition and consumer protection laws in Ethiopia reviewed and a logical framework developed.

11.7. Interviews with staff and any other relevant stakeholders to ascertain the challenges faced in implementing the competition and consumer protection laws and what actions have been taken to address these challenges undertaken.

11.8. Strategic Plan to ensure the effective enforcement of the competition and consumer protection law in Ethiopia developed.

TRAINING FOR MEMBERS OF STAFF

11.9. Member of staff responsible for enforcing the competition and consumer protection laws under MoTRI trained in:

i. Investigations and assessment of national and regional merger transactions in line with the national and regional competition laws.
ii. Investigations and assessment of anti-competitive business practices in line with the national and regional competition laws.
iii. Investigations and assessment of consumer protection violations in line with the national and regional consumer protection laws.
iv. Undertaking market inquiries and studies within Ethiopia.
v. Attending to matters that are incidental or connected to the foregoing.

Click here to download the full details regarding the Request for Proposal: CCC/RFP/1/1/2023