a tripartite report - Unctad

TANZANIA
shall be prohibited for a period of 90 days, which can
be extended for a period not exceeding 30 days. A
merger supplying such information as the Commis-
Any person who intentionally or negligently acts in
contravention of these provisions commits an offence
under the FAC. Further details on the merger
review procedure are provided below.
Section 11(6) provides immunity to a person who
does not intentionally or negligently act in contra-
Commission does not have guidelines as to how
to determine such instances of non-intentional
and non-negligent acts. Comprehensive rules of
mergers are gazetted in the ‘Fair Competition
Commission Procedure Rules, 2010”.
Exemptions to Mergers
Mergers that are likely to create or strengthen a
dominant position can be exempted according
to Section 13 of the Act if there is an overriding
public interest. Not all mergers are premised on
anticompetitive conduct. To the contrary, there are
vide
goods and services cheaply to the consumer.
Such mergers in industrialized countries like Europe
are exempted 58 …
The FCC may, upon the application of a party to a
merger, grant such exemption for that merger, either
unconditionally or subject to such conditions
the following ways:
production or distribution;
(ii) by promoting technical or economic
progress;
the allocation of resources; or
(iv) by protecting the environment and the
merger:
(v) prevents, restrains or distorts competition
no more than is reasonably necessary to
55
the merger outweigh the detriments
caused by preventing, restraining or
distorting competition; and
(vii) in the case of a merger resulting in
the change of control of a business,
the business faces actual or imminent
least anticompetitive alternative use of
the assets of the business.
When granting an exemption under this section
from the date the exemption is granted, as the
period of the exemption. The FCC may revoke or
vary an exemption at any time during the period
since the grant of the exemption have materially
changed or the exemption was granted wholly or
partly on the basis of false, misleading or incomplete
information.
Cross-border mergers
Paragraph 2.4 of the Merger Guidelines, “crossborder
mergers” are introduced as ‘a transaction
longing
to or registered in two different countries
are combined to establish a new legal entity’. As
the United Republic of Tanzania is a partner State
of the East African Community, which has a supra
national “East African Competition Act, 2006”. This
Act provides that all competition issues with crossborder
effect are subject of the jurisdiction of the
EAC. Under Article 4 of the EAC Competition Law,
it states that “the Act shall apply to all economic
activities and sectors having a cross-border effect.”
2.3.4 Consumer Protection
The legislation has comprehensive consumer protection
provisions, which appear to be inspired
from the Trade Practices Act 1974 of Australia.
Reading through the law, it shows that there are
only six sections (in one part) dedicated to the
core competition restrictive business practices out
of a total of 40 sections in 7 parts. Part III to Part IX
include provisions on consumer protection relating
to misleading and deceptive conduct, unfair
business practices, unconscionable conduct, implied
conditions in consumer contracts (the largest
TANZANIA