Law

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Applicability of Competition Law and Principles in Ethiopia's Public Procurement Law and Practice
(AAU, 2021-12) Worku, Desalegn; Abay, Solomon (PhD)
The objective of PP is value for money which is procuring quality goods and services at a lower price at the right time. Thus, this study aims to examine the competitiveness of Ethiopian public procurement and contribute some recommendations. The study uses the ideal Perfectly Competitive Market structure of Economics and International Competition and Public Procurement Models to scrutinize the applicability of competition principles and laws on the Ethiopian public procurement; particularly, focused on Bidders' entry, number of Bidders, dominance, collusion, and the organization of authorities. Moreover, the findings reveal a lack of awareness of PP and competition principles and laws, even though Ethiopia developed standard competition and procurement laws from effective International Models. Furthermore, it exposes the preparations of ambiguous specifications, inappropriate selection of pp method, bid-rigging, lengthy PP, corruption, weak institutional framework, lack of coordination between relevant public bodies, dependency of the authorities or political influence, and other challenges and anticompetition practices. Furthermore, it is recommended; creating competitive Public Procurement by widening the participation of bidders, implementation of performance audit, awareness of bidrigging indications, Coordination, and cooperation between relevant public authorities, enhancing workforce capacity, improving the salary scale, developing independence, political, and budgetary free authority, developing a fast procurement payment system and including E-procurement, Facilitation of self-regulation mechanism, the participation of different stakeholders including media and other relevant recommendations.
Assessment of Consistency between COMESA's and Ethiopian Anti- Competitive Merger Control Regimes: Policies, Laws and Enforcement Practices
(AAU, 2015-07) Abebe, Yonas; Abay, Solomon (PhD)
The Competition Law and Institutional Framework for Prohibition of Abuse of Market Dominance in the Banking Sector in Ethiopia
(A.A.U, 2020-12) Amare, Girmaw; Abay, Solomon (PhD)
Despite Ethiopia's efforts to formulate a commendable competition law and an effective enforcement mechanism tackling anti competitive practices, including abuse of market dominance, the country has been experiencing various abuses of market dominance cases in many sectors. In the Banking sector, the government owned commercial bank, Commercial Bank of Ethiopia, the one with market dominance position- abuses its market dominance position by imposing excessive prices for some of its services, by discriminating among its customers in the provision of credit service and by excluding competitors from some banking business activities. However, no abuse of market dominance claim case has been instituted against the bank so far due to problems attributable to the substantive rules of the competition law itself and the enforcement mechanism established there in. This thesis, thus, assesses the trend of abuse of market dominance in the banking sector and explores the problems in the substantive provisions of the competition law and the enforcement mechanism pertaining to prohibition of abuse of market dominance in the Ethiopian banking sector that continue to instill problems in establishing a successful competition law legal regime. Finally, the paper has tried to point out some measures the government may take to improve the move towards developing a masterpiece competition law and establishing an effective enforcement mechanism with respect to prohibition of abuse of market dominance.
Controlling Anticompetitive Acts of Government in Transport Sector in Addis Ababa
(AAU, 2019-06) Beyene , Arba; Abay, Solomon (PhD)
Competition is promoted for efficient allocation of economic resources and consumer welfare. Anti-competitive behavior however is considered to be vice to the market competition resulting in misallocation of resources and manipulation of consumers. So it was believed that effective competition regime is needed to curtail Anti-competitive behavior in the market. Conventionally, competition regime is concerned with private acts which can distort competition in the market.1 Developments in the competition/antitrust regime, however has witnessed that state restraints can result in promoting anti-competitive behaviors of market actors. The state restraints are usually result from unnecessary, anticompetitive statutes, ordinances, and regulations imposed by state and local governments, including local regulatory authorities and considered to be one of major sources of economic inefficiencies.2 This is the focus of this paper. The trade competition and consumer protection proclamation in this regard lacks particularity. As result of this, the Transport Authority of Addis Ababa enacted different directives which have effect of restricting competition. I suggest amendment of the proclamation to incorporate rules that maintain cooperative relationship between the regulatory bodies and competition authority and that the law must require regulators to notify and seek mandatory advice from competition authority in a situation where it wants to take measures that affect economic activities in the market for which advice must be binding except the regulator justify its rejection of advice made by competition authority. Moreover, I suggested the competition authority to commit resources including human power to play its role of competition advocacy. In this regard the amendment aforementioned must come up with guidelines as to the scope of this role of the authority.
Ethiopia's Accession to the WTO and the Telecom Sector: Can Ethiopia Accede without Liberalization?
(Addis Ababa University, 2014-05) Zeribun, Hika; Abay, Solomon (PhD)
Ethiopia has applied for membership of the World Trade Organization (WTO) and its accession process is currently in progress. Despite this, the country is referring some service sectors, like the telecom, as untouchable and, as a result, their liberalization seems improbable. This dissertation is therefore intended to inspect the county 's policy position on telecom liberalization and the implications such policy has at the WTO fora. Conceming service liberalization, there are in fact WTO laws that allow flexibility for Least Developed Countries (LDCs) to maintain their domestic policy autonomy to certain extent. However, a careful look at accession processes and telecom commitments experience of some recently acceded countries are antithesis to these WTO credos. Though Ethiopia has not submitted its initial service offer and a bilateral negotiation has not commenced yet, it has been told by some WTO Member countries to reconsider its policy on the telecom sector. The research, thus, examines the possibility for Ethiopia to accede to the organization while still sticking to its current policy position. To such end, it came to conclusion that it is hardly possible for the countly to join the organization while keeping the status quo. Key words: Ethiopia, World Trade Organization (WTO), Telecommunication, Liberali zation, Least Developed Countries (LDCs)
Ethiopia’s Accession to the WTO and the Telecom Sector: Can Ethiopia Accede without Liberalization?
(Addis Ababa University, 2014-05) Zerihun, Hika; Abay, Solomon (PhD)
Ethiopia has applied for membership of the World Trade Organization (WTO) and its accession process is currently in progress. Despite this, the country is referring some service sectors, like the telecom, as untouchable and, as a result, their liberalization seems improbable. This dissertation is therefore intended to inspect the county’s policy position on telecom liberalization and the implications such policy has at the WTO fora. Concerning service liberalization, there are in fact WTO laws that allow flexibility for Least Developed Countries (LDCs) to maintain their domestic policy autonomy to certain extent. However, a careful look at accession processes and telecom commitments experience of some recently acceded countries are antithesis to these WTO credos. Though Ethiopia has not submitted its initial service offer and a bilateral negotiation has not commenced yet, it has been told by some WTO Member countries to reconsider its policy on the telecom sector. The research, thus, examines the possibility for Ethiopia to accede to the organization while still sticking to its current policy position. To such end, it came to conclusion that it is hardly possible for the country to join the organization while keeping the status quo. Key words: Ethiopia, World Trade Organization (WTO), Telecommunication, Liberalization, Least Developed Countries (LDCs)
Food Quality Regulation in Ethiopia
(Addis Ababa University, 2010-01) Tolla, Tesfa; Abay, Solomon (PhD)
Ensuring an acceptable level of food quality and safety is necessary to provide adequate protection for consumers and to enhance economic development through the facilitation of fair practice in food trade. These objectives can be achieved by implementing and monitoring quality assurance measures along the entire food chain from production through to consumption. Everyone involved in food quality assurance system from farmer to the consumer is expected to shares in the responsibilities of ensuring the supply of good quality and safe food to the domestic consumers and foreign markets. In this regard, the study tries to point out the legal and institutional problems related with domestically produced, exported and imported foods in Ethiopia. In addition techniques and instruments employed as well the means used to enforce the food quality regulation to assure the supply of safe and of good quality food has also been the subject of this study. Accordingly the study demonstrates that although food establishments, in Ethiopia, are rapidly increasing and their role in the economy of the country is also considerable, food quality regulatory system, however, is not keep pace with the contemporary food quality and safety assurance system. The Outdated and fragmented food related laws and inadequate Coordination among government regulatory bodies involved in the activities brought about practical problems in assuring the quality and safety of food supplied to domestic consumers and foreign markets. At the end, the thesis tries to recommend that the laws should be updated and made comprehensive in a way it match international standards and the institution that coordinate the activities of all stakeholders need to be established so as to rectify the existing problems.
Introducing Single Member Companies in Ethiopia Major Theoretical and Legal Considerations
(Addis Ababa University, 2014-03) Edosa, Jetu; Keneaa, Zekarias (Associate Professor); Teshome, Tilahun (PhD); Abay, Solomon (PhD)
The Legal Gaps in Controlling Abuse of Market Dominance in Ethiopia – Appraisal of the Existing Legal Regime
(AAU, 2020-06) Haile, Yidnekachew; Abay, Solomon (PhD)
Abuse of a dominant position is a danger to the functioning of the free market. In most countries, finding an abuse of dominance involves several distinct steps: defining the relevant market, determining whether the firm is dominant by considering its market share, barriers to entry and other characteristics, and evaluating whether the behavior was abusive in terms of the competition law. The aim of this paper is to present the legal and practical problems in controlling abuse of market dominance in Ethiopia, under the latest competition law of Ethiopia which is trade competition and consumers’ protection proclamation number 813/2013. In order to achieve these goals, I have used the content analysis to discover both legal and practical problems in controlling abuse of market dominance in Ethiopia. And lastly, the paper presented those discovered legal and practical problems. The Practical problems are mainly emanated from the legal problems.
Liability of Banks and their Officers in Ethiopia for Fraudulent withdrawal of Money by third Parties
(Addis Ababa, Ethiopia, 2001-05) Dereje, Dinka; Abay, Solomon (PhD)
Banking frauds are the real challenges adversely affecting the trust between banks, their customers, and the national economy amid the seamless nature of banking technologies. The study is to analyze liability for fraudulent withdrawal of money by third parties in Ethiopian bank systems, employing a doctrinal research method through collecting primary and secondary data from different legal documents and cases that are purposely sampled for the analysis. The finding of the study indicated that Ethiopian banks system is becoming highly vulnerable to such frauds, and the problem is further exacerbated by poor data system, low understanding of the risk by the bank customers and loose standards governing the bank employees, banking technologies and infrastructure. Yet, absence of clearly stipulated laws on who should bear the liabilities sustained by such acts made preventive measures and the retribution less effective. As the result, the study recommends mass education for the bank customers on the types and extent of vulnerabilities to such bank frauds and strong and updated laws to solve disputes related to liability, and employing banking technologies with updated and multilayer security features.
Liberalization of the Banking Sector in View of Ethiopia’s Accession to the World Trade Organization
(Addis Ababa University, 2015-10) Daba, Mulisa; Abay, Solomon (PhD)
Similar to the two complaining sides of banking liberalization in the world, there are arguments for and/ or against liberalization of the Ethiopian baking sector to the outside world. Proponents argue that opening the Ethiopian banking sector to foreigners has the benefits of efficiency, increased employment opportunity ,improve NBE Regulatory and supervision capacity through regulatory spillover, foreign banks may brought new skill and quality services and new capacitate of the banking sector technological know-how. On the other hand, opponents fear liberalization for its risks of financial instability, weakening the domestic banking institutions and the possibility of leaving out the poorest section of the society. Thus, this paper attempts to analyzes the Current Ethiopia’s banking sector policy, regulation and market situation in order to know the Potential Effects of Ethiopia’s Accession to the WTO on its Banking Sector Liberalization and recommend whether Ethiopia should liberalize the banking sector in view of its accession to the WTO or not. The methodology followed in undertaking the study involves review of both primary and secondary data and information. The review of the WTO accession rule, acceding countries’ WTO accession and banking sector Liberalization experiences and interview of key informants has been involved for evidence and benchmarking. The finding of the study shows that, the WTO accession process and Banking sector liberalization commitment requires well informed and understanding of (the WTO, the WTO system and complexity of the accession process), capacity building and technical support of international community as well as adoption of best accession model practice. On behave of Ethiopia, along with different studies, interviews, and reports of Ethiopia banking sector shows that even though Ethiopia’s gradual liberalization policy and a lot of improvements over time in banking sectors are encouraging; however, compared to international giant banking sectors, the sector is generally still found at infant, relatively undeveloped, heavy dominant role of state-owned NBE’s regulation, and a non-competitive market environment. Based on these, to benefit from the WTO accession and Banking sector liberalization commitment, and to save from the risk, the researcher recommends the country three things: First, before the country start bilateral negotiation as preparation to the WTO, the country should invest on capacity building relating to banking sectors (human, institutional and financial) by continuous further demanding capacity building and technical support of international community. Second, the country should invest on strengthen country’s banking sector policy, relax heavy dominant role of NBE’s regulation and make Ethiopia baking sector market situation environment competitive. Lastly, during bilateral accession negotiation in offering the four modes of trade supply in Ethiopian banking sector, the country should negotiate to commit in offering full liberalization of mode 2 for its risk-free and offering the temporary movement of natural persons in mode 4 for its intra-corporate knowledge transfer in banking sector. However, the country should negotiate on maintaining capital controls and cautious approach in opening mode 1, and the country should negotiate to stay at the current level of gradually liberalization commitment until it builds domestic capacity of Ethiopian banking sector in Mode 3. Key Words: WTO, Accession, Liberalization of the Banking Sector, Ethiopia
Regulating E-Commerce in Ethiopia: Lessons from the Rules of Ethiopian Commodity Exchange
(Addis Ababa University, 2015) Wondafrash Mulugeta, Senait; Abay, Solomon (PhD)
In a very short time span, e-commerce has emerged to claim a major share of the business and economic headlines. It has the potential to radically alter existing economic and social structures and arrangements.As a result, most governments are taking an active role in determining the regulatory environment surrounding the implementation and development of ecommerce. In Ethiopia, the existing laws which regulate commercial transaction were enacted before cyber- world and hence, they are not capable of facilitatinge- transactions. Hence, The Federal Republic of Ethiopia Ministry of communication and information Technology has prepared a draft e-commerce law with a view to solve the hurdles the existing laws create for the development of e-commerce within the country. On the other hand, ECX has a rule that regulate e-commerce which is conducted within the institution. Hence, the main purpose of this paper is to examine this rule of the exchange to ascertain the sufficiency of the rule to regulate e-commerce with a view to draw an experience for the regulation of e-commerce in Ethiopia.
Regulation of Electronic Banking in Ethiopia: The Analysis of Legal Framework
(AAU, 2019-06) Ababu, Bikila; Abay, Solomon (PhD)
The rapid development of technology has greatly affected the fate of human life including the financial sector. In the banking context the technological advancement has changed how banking products and services are delivered, the point of contact of the customers with the baking service providers, and the structure of market actors. E-banking i.e. the delivery of banking products and services through electronic channels offers ample opportunities to the customers, the banking organizations and the overall economy. Not only does they present opportunities to the parties involved e-banking system also pose a number of risks. Hence, in order to harness the benefits the e-banking systems offers the possible risks attached with it have to be clearly identified and managed. The financial regulators main duty in this regards is to balance the need for expansion innovation against the possible risks that may emanate from the innovations. The e-banking system in Ethiopia is at nascent stage but with enabling regulation and active participations of all the stakeholders there is a prospect for its growth. The Ethiopian government has undertaken different initiatives to effectively regulate the e-banking initiatives. This research work has analyzed the e-banking regulatory structure in Ethiopia governing all e-banking platforms commonly and recommends the need to reform the sector further. There is a need to further strengthen the regulatory framework in the areas of e-banking security, contractual enforcement, consumer protection, market competition, and supervision of the third party service providers by further reforming the legal set-up and institution arrangement. The Ethiopian government has to introduce further reforms to better build the capacity of the telecommunications sector, introduce tailored laws to better protect the rights of financial services consumer including e-banking services and set up proper institutional structure to regulate and supervise it. The financial regulator NBE shall take the leading role in facilitating the expansion and growth of e-banking system in the country. It shall provide the necessary guidance specially in ensuring the security of the e-banking system and work in tandem with the concerned organs, and enhance its regulatory capacity from time to time including the utilization of technology to effectively and efficiently undertake its regulatory function.
State Regulation and Supervision of Insurance Industry in Ethiopia: The Need for a Separate Regulatory and Supervisory Body
(AAU, 2020-05) Yitbarek, Biniyam; Abay, Solomon (PhD)
Insurance is about more than just compensating for loss as it is a highly effective mechanism for assessing, managing and reducing risk. By helping customers face up to and manage risk effectively, insurance is an invaluable part of modern society. Regulation and supervision of the financial sectors generally and the insurance sector specifically is crucial in the economic development of developing countries like Ethiopia. The insurance industry is one of the most instrumental means to assist Ethiopia to achieve its macroeconomic stability and growth objectives. The insurance sector today is however marred by a lot of regulatory inefficiencies as well as emerging trends and this research is motivated to pay a fabulous endeavor on this part. The main theme of this study is on the existing Ethiopian insurance sector regulation and supervision legal framework and problems associated with the insurance sector regulation. The study investigate the challenges and emerging trends in the sector, which have necessitated calls for reform in the regulatory and supervisory framework. Further, it examines internationally accepted models or types of financial sector regulation and compares the success achieved by separate insurance regulatory agencies in other jurisdictions. Also, the research argues that there is a need for insurance companies to be regulated and supervised by separate insurance regulatory authority or commission responsible to the Ministry of Finance and Economic Cooperation. Overall, this thesis asserts that in order to enhance Insurance penetration and growth of the industry, there is need for concerted effort by both the insurance regulatory and supervisory body and the individual Insurance companies in implementing strategies that will ensure that the various challenges identified as hindering the growth of the industry dealt with.
Tackling Anti-competitive Unilateral Acts under the Ethiopian Competition Regime: A Case Study of Electronic Trading at Ethiopia Commodity Exchange
(Addis Ababa, 2018-05) Tilahun, Michael; Abay, Solomon (PhD)
Anticompetitive Unilateral Acts are one of Anticompetitive Acts markets could face. The 2014 Ethiopian Trade competition and consumer protection proclamation, inter alia, provide rules for acts of unfair competition and these rules are the closet rules which resembles to Anticompetitive Unilateral Act; despite their focus on violation of intellectual property rights such as misleading advertisement false allegation etc. against another trader. As a market which facilitates competitive trading platform, the Electronic Trading System in Ethiopia Commodity Exchange is expected to implement competition law of the country. The Electronic Trading System faced / still faces various Anticompetitive Acts; including Anlicompetitive Unilateral Acts. The Anticompetitive Unilateral Acts observed in the Commodity Exchange includes flash crashing, Unrepresentative pricing, Failure / refusal to submit trade orders, Pace making, Marking the closing price, Cornering, Dumping, and Matching orders. These Anticompetitive Unilateral Acts are not directly or indirectly mentioned under the compelition and consumer protection proclamation. Considering the substantive content of unfair competition rules of the Trade Competition and Consumer Proleclion and Anlicompetilive Unilateral Acts observed in the Commodity Exchange's Electronic Trading System, this thesis investigates whether unfair competition rules under the Competition and Consumer Prolection Proclamation are the best means to lackle Anricompelitive Unilateral Acts observed in the commodity exchange's Electronic Trading System or not. Particularly, the Ihesis revolves around IWO research questions: (J), does the existing competition regime provide proper rules which adequately tackle Ihe Anticompetitive Unilateral Acls observed in the Ethiopia Commodity Exchange Electronic Trading ? And (2), how are the exisling Anticompelitive Unilaleral Acts in Ihe Ethiopia Commodity Exchange Electronic Trading being tackled by Ihe exchange's rules and are the measures consistent with Ihe rules of the competition law? It is inIhis light that this thesis seeks to invesligate the nature of unfair competition rules of the Competition and Consumer Protection Proclamation, Anticompetitive Unilateral Acts Observed in the Electronic Trading System of the Commodity Exchange, rules of the Commodity Exchange, and incidents addressed by the commodity exchange inlhis regard.

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