a tripartite report - Unctad

56 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
portion, with 10 Sections), manufacturer’s obligations,
product safety, and product recall.
The consumer protection provisions are quite expansive
and therefore would require a separate
comprehensive review. For purposes of the peer
review of competition law and policy of the United
Republic of Tanzania, this report is restricted to reviewing
the counterfeit products vis-à-vis competition
on one hand, and counterfeit products and
consumers on the other, see part 3 of the present
report.
2.4 Procedural Issues
2.4.1 Investigation of anticompetitive
agreements
As regards the investigation of potentially anticompetitive
agreements, two scenarios need to be distinguished:
(i) the parties to the agreement apply
for an exemption according to Section 12 (1) FCA,
or (ii) in absence of such application the Commission
has intelligence about a potentially anticompetitive
agreement. With respect to the latter case,
Section 69 of the Act stipulates that the FCC may
initiate an investigation against a prohibited practice
on its own initiative i.e. In addition
to this, any person may submit information in any
form or in a prescribed form, which is prescribed
under Form FCC1 of the FCC Procedural Rules (FC-
CPR). There is no clarity as to what the difference
is between “information” to be submitted in any
manner or form or a “complaint” to be submitted
in Form FCC1. This form is a public record but por-
of two options for the complainant, more so stating
“in any manner or form” affords the majority of
Tanzanians to lodge complaints with the Authority.
Lodging a complaint is further, a free process for
the complainant.
Under Rule 10(2) and (3) of the FCCPR, the Department
of Investigation then reviews the complaint
to determine whether:
(a) the case falls under the Act
(b) there are material effects on competition
(c) it is worth devoting investigation resources
(d) the complaint, in whole or in part, is before
any court, tribunal, arbitration, etc.
case or not lies with the FCC Director-General, who
also sits as a voting member of the FCC. Where
the complaint is not entertained, the complainant
is furnished with the reasons, which decision may
be referred to the Commission adjudicative wing if
the complainant so desires.
The Investigation department carries out investi-
ings
to the Director-General. Where the decision is
to enforce, the decision shall be made by the adjudication
of Commission members. Through, inter
alia, Rule 58 of the FCCPR, persons have a right to
be heard before certain determinations are made.
In terms of timelines for each step, they are largely
ad hoc and depend on the gravity of the case.
investigation and adjudication process, where
the Director-General of the FCC may be the initiator/approver
of an investigation, preside over
the administration of the investigation, receive
and amend the investigation reports accordingly,
and then sit together with the other Commission
members and be part of the adjudicative process.
This may be a possible case of constitutional challenge
and would require legal review.
2.4.2 Determination of exemptions
Under Part VI, Rule 59 of the FCCPR, a person may
apply for exemption of an agreement or all agreements
falling within a class of agreements under
ing
an application in Form FCC.3 set out in the First
Schedule to these Rules. Upon receiving an application
in subrule (1). Before granting or revoking an
exemption under section 12 of the Act, the FCC-
(a) shall give a notice in the Gazette of the
application for an exemption, or of its intention
to revoke that exemption;
(b) shall give interested parties thirty working days
from the date of that notice to make written
representations as to why the exemption
should not be granted or revoked;
(c) may request further information from any
person who submits a representation in
response to a notice published under (a) and
(d) may conduct an investigation into the
agreement or class of agreements concerned.