Browsing by Author "HABEENE, Melinda Maryjay"

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    An Analysis of the Applicability of Competition Law Principles to Special Incentives Granted to Foreign Investors in Zambia
    (2026) HABEENE, Melinda Maryjay
    This thesis is on an analysis of the applicability of competition law principles to special incentives granted to foreign investors in Zambia. Foreign Direct Investment (FDI) is widely promoted as a catalyst for economic growth in developing nations. Leading countries like Zambia to offer substantial incentives packages including tax holidays, customs duty exemptions and regulator concessions to attract foreign capital. These incentives are primarily governed by the Investment, Trade and Business Development Act No. 18 of 2022. however, this thesis argues that such preferential treatment for foreign investors create a critical tension with the foundational principles of Zambia’s competition law, The Competition and Consumer Protection Act No. 24 of 2010. The core of this conflict lies in the violation of the principle of competitive neutrality. While foreign investors in priority sectors or economic zones benefit from significant fiscal advantage, domestic small and medium enterprise (SMEs) operate under the standard tax and regulatory regime. This policy inconsistencies creates and an uneven playing field, allowing subsidised foreign firms to possibly undercut local competition, thereby stifling domestic business growth and distorting the market competition. This practice raises crucial legal and policy questions regarding coherence of Zambia’s economic governance framework. The main objective of this research is to critically analyse the regulatory consistency between Zambia’s investment promotion framework and its competition law objectives. It examines the tangible effects that the incentives given to foreign investors have on the competitiveness and market access to local businesses. This study examines the role and capacity of the Competition and Consumer Protection Commission in mitigating these anti-competitive distortions. The research concludes by proposing a framework and practical recommendations to harmornise the goals of investment attraction while maintaining a fair and robust competitive market by ensuring that the attraction of FDI does not come at the expense of Zambian enterprises and long term economic sustainability