The Scope of Application of Trade Competition Law in Ethiopia Policy Interfaces and Regulatory Coverage

Abstract

This paper offers a critical analysis of the application scope of Ethiopia’s Trade Competition and Consumer Protection Proclamation No. 813/2013 within the broader economic policy frameworks. The paper principally adopted qualitative doctrinal methodology to analyze policies, and interpret relevant rules and principles. It is also supplemented by very brief comparative insights to look for good practices as far as the scope of competition is concerned. The paper concludes that the law is not bold or explicit enough in subjecting state backed SOEs economic operators in competition law scrutiny and uniform application of laws to them. Moreover, ambiguities regarding regulatory coverage and the failure to expressly address digital and transnational trade could limit its applicability to traditional businesses which do not reflect modern commercial realities. Finally, this paper recommends legal and policy revision to clarify the term "business person" to boldly encompass SOEs, narrow down the exception clauses, Arts. 4(2) and 4(3) of the scope clause of the law, and expand the regulatory coverage of the law to encompass digital transaction and expressly indicate its applicability to cross-border businesses in general and foreign businesses having impact in Ethiopia.