On 15th of February 2023, A Bill for an Act to amend the Fair Competition Act to make better provisions for its effective implementation was read for the first time in Tanzania’s National Assembly. The Bill seeks to “amend the Fair Competition Act, Cap. 285 in order to address some challenges which have been encountered during its implementation.” Further, the Bill seeks to enhance the main objective of the Fair Competition Act, which is geared at promoting and protecting effective competition in trade and commerce and the protection of consumers against unfair practices.” When passed, this Bill will amend the Fair Competition Act, No. 8 of 2003, the principal legislation governing fair competition and consumer protection in Tanzania.
Below is a summary of major proposed changes;
1. More powers to Fair Competition Commission (FCC): The Bill proposes to replace the words “courts” and “court of competition jurisdiction” with the “Commission” so that the FCC will have powers to enforce consumer protection claims. Prior to these proposed changes, the FCC had no mandate to enforce consumer protection claims.
2. Definitions of new terms: The Bill proposes to amend section 2 of the Act by defining key concepts that were missing in the Fair Competition Act. These include terms such as “essential facility,” “cross-subsidisation,” “loyalty discount and rebate,” “margin squeeze,” “re-sale price or condition maintenance” and “vertical agreement”. These terms are essential in understanding the fair competition framework in the country.
3. Abuse of Dominance Reviewed: The Bill proposes to amend Sections 5 & 8 by introducing a more comprehensive definition of abuse of dominance, with specific acts of abuse of dominance defined. Additionally, the market threshold for abuse of dominance has been increased to 40%. Further, a new concept of joint dominance has been introduced. All these changes are essential in redefining the concept of “abuse of dominance” in Tanzania, and to “recognise abuse of dominance practices by more than one person, and to align with economic changes and development taking place at national, regional and international levels.”
4. Introduction of leniency programs: The Bill introduces a leniency programme under Section 9A. The leniency program will most likely increase compliance as it will “assist the Commission to detect anti-competitive arrangements, ease investigation process and to promote corporation against combating of anticompetitive practices.”
5. Prohibition of vertical agreement: The bill introduces Section 10A to prohibit of vertical agreements. Such prohibition was not explicitly provided for in the Fair Competition Act. The introduction of these provisions would now prohibit acts likely to foreclose competition between undertakings that are vertically integrated.
6. Mergers with substantial public benefits: Section 11A is introduced to regulate mergers with substantial public benefits. These changes permit the Commission to approve a merger prohibited under section 11(1) upon satisfaction that the proposed merger is likely to result in substantial benefits to the public, which would outweigh any detriment caused by the proposed merger on preventing, restraining or distorting competition. In determining the substantial public benefits under subsection (1), the Commission shall consider the following factors: (a) the extent to which the proposed merger shall contribute to the greater efficiency in the allocation of resources; (b) the extent to which the proposed merger would, or is likely to, promote technical or economic progress and the transfer of skills, or otherwise improve the production or distribution of goods or the provision of services in Mainland Tanzania; (c) the extent to which, the target firm faces actual or imminent financial failure and the proposed merger offers the least anti- competitive alternative use of the assets of the business; (d) the extent to which the proposed merger shall boost exports from Mainland Tanzania or employment in Mainland Tanzania; (e) the extent to which the proposed merger shall affect a particular industrial sector or region; (f) the extent to which the proposed merger may affect the ability of national industries to compete in regional and international markets; and (g) the extent to which the proposed merger may affect the ability of small businesses to become competitive.”
7. Increased protection to consumers against unfair marketing practices: Section 17 of the Act was repealed and replaced in order to protect consumers against unfair marketing practices. For example, Section 17(1) requires a person who sells goods or services to indicate or display in a conspicuous manner the price of the goods or services. Section 17(2) states that a person shall not charge a consumer more than the price indicated or displayed on goods or services. All these provisions intend to add more protection to consumers.
8. Right to appeal to the High Court of Tanzania: A person aggrieved by the decision of the Fair Competition Tribunal may now appeal to the High Court of Tanzania, which is composed of three judges. Currently, the Fair Competition Tribunal has appellate and final jurisdication on competition matters.
It is hoped that these proposed amendments would bring the Act to speed with global trends and developments. Yet the Bill leaves out key matters such as the introduction of private enforcement, criminalization of cartels, and consideration of digital developments in regulating and enforcing competition in the country.
Disclaimer
This article is not intended to replace professional advice. No one should rely exclusively on the information provided as a substitute for seeking professional advice. The writers or the Firm are not liable for any use of the information contained herein and do not guarantee the accuracy of its contents from the date of publication to the date of usage.
For contact: temu@africorp.co.tz
Can you be more specific about the content of your article? After reading it, I still have some doubts. Hope you can help me.
hello!,I like your writing very a lot! percentage we be in contact extra about your article on AOL? I need an expert in this area to resolve my problem. May be that’s you! Taking a look ahead to peer you.
how can i buy priligy in usa Dose dependent effects of HN were found only for oxcarbazepine in this study
I enjoy, lead to I discovered exactly what I used to be having a look for. You’ve ended my 4 day lengthy hunt! God Bless you man. Have a nice day. Bye
I gotta favorite this site it seems very helpful very beneficial
Very good written story. It will be useful to anyone who utilizes it, as well as yours truly :). Keep doing what you are doing – looking forward to more posts.
Hi there! Do you know if they make any plugins to help with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Kudos!
Keep up the fantastic work! Kalorifer Sobası odun, kömür, pelet gibi yakıtlarla çalışan ve ısıtma işlevi gören bir soba türüdür. Kalorifer Sobası içindeki yakıtın yanmasıyla oluşan ısıyı doğrudan çevresine yayar ve aynı zamanda suyun ısınmasını sağlar.
Keep up the fantastic work! Kalorifer Sobası odun, kömür, pelet gibi yakıtlarla çalışan ve ısıtma işlevi gören bir soba türüdür. Kalorifer Sobası içindeki yakıtın yanmasıyla oluşan ısıyı doğrudan çevresine yayar ve aynı zamanda suyun ısınmasını sağlar.
Your article helped me a lot, is there any more related content? Thanks!
I don’t think the title of your article matches the content lol. Just kidding, mainly because I had some doubts after reading the article.
303 MADOPAR 200 50 mg ROCHE Fco cheap priligy 62USD ml Sandoz Timolol Maleate 0
Your point of view caught my eye and was very interesting. Thanks. I have a question for you.
I don’t think the title of your article matches the content lol. Just kidding, mainly because I had some doubts after reading the article.
Hello there! Do you use Twitter? I’d like to follow you if that would be okay. I’m definitely enjoying your blog and look forward to new posts.
If we go to the right side of our double bond and we look at the atoms directly bonded to this carbon, we know that here s a carbon, and we know that here s a carbon, so we have a tie because obviously carbon has the same atomic number priligy dapoxetine buy
Barrett XBHepILGhAY 5 21 2022 buy priligy without a script
What can be done to help people who are bothered by chronic tinnitus cialis with priligy From my understanding, the Letrozole will help you to produce follicles, where Metformin helps to regulate insulin, which in turn helps you to ovulate
Some of the other research based breast cancer fighters include the following priligy otc The diagnosis of NSTIs is primarily a clinical diagnosis
This promotes smooth muscle cell proliferation, vasoconstriction, and thrombogenesis can priligy cure pe Dev Biol 244 305 318
C Confirmation of G268V genomic conversion in isolated clones by Sanger sequencing from top to bottom SEQ ID NOs 33 38 [url=https://fastpriligy.top/]where to buy priligy[/url] Finally, analysts at Sanford C
[url=https://fastpriligy.top/]priligy dapoxetine[/url] Listeriosis can be a cause of arthritis
cost cheap cytotec price But he was worried and worried, but there was nothing he could do Although he had an acquaintance with Zonia Pekar, it was of no use
can you buy generic cytotec without rx Using HCG It is our opinion that HCG is probably one of the most misunderstood and misused compounds in bodybuilding
Source data are available in Supplementary Data 2 order misoprostol cytotec
Very common may affect more than 1 user in 10 cytotec where can i buy it online