The focuses of the existing literature in competition law and developing countries have only been on the discussion of cartels, mergers and acquisitions. However, in such important endeavour, issue of a paramount significance has been deprived of academic focus. - the law of unilateral restraints and market dominance-which ought to have serious scrutinization in developing countries. It is accounted fact that unchecked monopoly powers have lasted for many years. Historically the markets of Sub-Saharan African countries have been highly regulated. This situation presents incumbent firms to retain a strong market power. The legacy of this power will subsist even after the regulatory framework tools had been replaced. As a result, to the very least, incumbent dominant firms are susceptible to abuse their market power. The Central research question is: what are the parameters which make the law of unilateral restraints and market dominance appropriately designed in the context of South Africa, Zambia and Ethiopia? This central query among other touches upon the challenges against having a tailor made rules and other policy issues are relevant to consider when tailor-made rules are in place.
The methodology adopted in this project research is the discussion of particular justification in regulating monopolies in these countries; identifying objectives of the law of unilateral restraints and market dominance; review available case laws; presentation proved hypothesis which ultimately become the thesis arguments of this work; presentation of analysis how apt competition law rules are interrelated to regional integration. It also discusses the impact of institutional capacity in enforcing properly designed competition law rules and vice versa. Finally the work concludes by forwarding recommendation for the core problems identified in these countries and stresses on good practices which ought to be shared among sub-Saharan African countries.
