ZAMBIA AIRPORT CORPORATION
LIMITED FINED OVER ABUSE OF DOMINANCE.
The Consumer Competition and
Protection Commission (CCPC) has fined the Zambia Airport Corporation Limited 3
percent of its annual turnover for violation for violation of section 16 (1)
and (2) (C) CCPC Act for the abuse of dominance when it denied another company
called ZEGA access to CUTE network, a facility for load control, and charging
them US 300 each time they attended to client airline.
The corporation was fined by CCPC
following a compliant from ZEGA on 12th and 17th August 2015 that it denied
access to the CUTE network which an an essential facility for loading control
via ZEGA offices and installations, a system required for purpose of
determining weight and balancing aircrats.
It is also alleged that ZACL was accused
of charging Ramp Access Fee of close to US 300 each time it attended to a
client airline and that ZEGA had an option of either transferring the cost to
the airline or internalizing it making its operations expensive.
The corporation is accused of
having sought to impose restriction on the use of check in counters for load
control and sought to impose a charge on ZEGA after limiting from 6 check-in
counters to 4.
It is further alleged that the
corporation did not handle cargo themselves and that when they were awarded a
tender to handle an airline, they sub-contracted the cargo component and that
it only gave the cargo element to NAC 2000 limited which might have been a
breach of tender regulations.
ZEGA believed that ZACL had given
KLM airline a two year contract of ground handling free of charge, a move that
amounted to applying dissimi;ar condition to equivalent transactions.
And CCPC executive Director Chilufya Sampa said
after having considered that fats and findings of the case, the board of
commissioners at its 20th board meeting for adjudication of cases
held this month decided to slapped a 3 percent fine of its annual turnover for
violation of section 16(2) (C) allegations of abuse of dominance on the Zambia
Airport Corporation Limited.
In a letter to the Airports
Corporation Managing Director, Mr. Sampa warned the corporation to desist from
abusing its dominant position of market power and from issuing threats to
operators in the market.
He further directed the
corporation to normalize the charges and trading conditions to both client
ah-Jites and ZEGA Limited to a manner that does not affect trade or result in
discrimination.
Mr. Sampa further revealed that
Board observed that ZACL was dominant and had market power and its ability to
apply differential rates to airline clients and ground handlers for equivalent
transactions was a violation of Section 16(1) and Section 16(2)(c) of the Act.
Its observed that threats to
withdraw concessions from Zambezi Airlines though now dysfunctional and the
application of excessive charges to ZEGA Limited for water and the handling of
Emirates airlines constituted an abuse of dominance as it had an effect on how
these enterprises trade and the economy in general.
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