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TANZANIA Where the FCC determines that an application under Rule 59 does not concern a prohibited practice as contemplated by section 12 of the Act, the FCC shall issue a notice of refusal to grant an exemption on Form FCC.5; the FCC may later withdraw its notice of refusal to grant an exemption, by issuing notice to the applicant at least thirty working days before the withdrawal will take effect; and (ii) providing the applicant with written reasons for its action. Where the FCC is contemplating revoking an exemption granted under section 12(6) of the Act, the FCC shall advise, in writing, the person concerned of the intention to do so, as well as publishing the notice required by Rule 59(9). The Commission may request further information from the person concerned; or any person who submits a representation in response to a notice published in terms of Rule 59 (9). As regards block exemptions, Section 68(2) of the Act stipulates that the FCC shall conduct an inquiry before exercising a power to grant, revoke or vary a block exemption under Section 12(2) of the FCA. For the matter of completeness, it should also be from the exception provided by Section 14 (3) FCA agreement with the Commission within 21 days after the conclusion of the respective agreement. “Guidance on Competition Law” of July 2006. 2.4.3 Investigation of misuse of market power The process of investigating a case of misuse of market power follows the same principle as for all other complaints in the FCCPR. The FCC does not have comprehensive guidelines on misuse of mar- question does have a market share in excess of 35 per cent as prescribed under Section 6 of the Act. While the Act does not have an indication as to which conduct would be considered to be instances of “misuse of market power”, the FCC’s decision Serengeti Breweries Limited v Tanzanian Breweries Limited contains a non-exhaustive list of examples inspired by international case law. 2.4.4 Review of mergers 57 Part V of the FCCPR contains detailed processes of menced with Form8 and payment of a statutory written statement on Form FCC2 59 . As contained under section 11 and 13 of the Act, a merger cannot be implemented until after the FCC has determined the matter. Mergers in the United Republic of Tanzania are neither referred to the Minister nor to the Tribunal. - in a prescribed form (a) Notice of Complete Filing on Form FCC11; or (b) Notice of Incomplete Filing on Form FCC.12. Where the Commission determines that the merger shall be examined, or otherwise not prohibited; it shall notify the person within the initial period i.e. within 14 days allowed by section 11(3) of the Act to determine whether the merger shall be examined. 60 The proposed merger shall be examined for a period of ninety days. An extension period of thirty days granted by the Commission under section 11(4)(a) of the Act begins on a working day following the date on which the ninety days period expires; or in the case of second or subsequent extension granted under section 11(4)(b) of the Act, on the working day following the date on which previous extension expires. The Investigation Department shall investigate the merger with a view to establishing whether it has any major economic impact. The provisions on in- earlier shall apply mutatis mutandis to investigations conducted under this Rule. There seems to be an injustice under Rule 53 that where the Investigation Department has indicated on Notice of Incomplete Filing that a merger appears to fall outside the jurisdiction of the Act, or application fee, the FCC may consider reviewing this and perhaps retaining a small amount for administrative expenses incurred. TANZANIA
58 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE Under Rule 55 (read in context with Rule 57) where the FCC intends to take a decision to revoke its own decision it shall give the notifying parties who have so requested in their written comments the opportunity to submit their arguments in a formal oral hearing; and other involved parties who have so requested in their written comments the opportunity to submit their arguments in a formal oral hearing. When dealing with a merger, the FCC shall consult all relevant stakeholders that may be critical to the determination of the merger. For purposes of the ing parties for instance are considered critical: (i) a notifying party (iii) third parties such as customers, suppliers, competitors (v) consumer associations (where the proposed merger concerns products or services used 2.4.5 Inquiries according to Section 68 FCA Section 68 of the FCA empowers the FCC to conduct an inquiry where it considers it necessary or desirable for the purpose of carrying out its functions. Such inquiry is necessary before the Commission can exercise the power to grant, revoke or vary a block exemption under Section 12 of the Act (which deals with exemptions). The Minister may also require the FCC to inquire into a matter direction a time within which the FCC shall submit with the independence of the FCC, it is however a necessary relationship between the FCC and the political establishment. It is expected that such directive from the Minister shall be such as the Commission may be able to legally deal with. The FCC may also conduct an inquiry at the request of a regulatory body61 . The FCC shall give notice of any such inquiry by: (a) publishing a notice in the Gazette and in a daily newspaper circulating generally in the United Republic of Tanzania (b) sending written notice of the inquiry to: (i) undertakings whose interests the Commission considers are likely to be affected by the outcome of the inquiry; (ii) the National Consumer Advocacy Council (iii) Industry and consumer organizations which the Commission considers may have an interest in the matter (iv) The Minister 62 . Where hearings are held, the FCC through its FC- CPR has adopted an inquisitorial than adversarial procedure 63 . 2.4.6 Investigative Powers An important procedural aspect for a competition authority is the process of collecting information. While most of the information collected by the FCC is voluntarily submitted, where the FCC has reason to believe that a person is capable of supplying information, producing a document or giving evidence that may assist in the performance of any of its functions, a member of the FCC may, by summons signed by the Chairman or Director-General of the FCC served on that person, require that person: (a) to furnish the information in writing signed by him, in the case of a body corporate signed (b) to produce the document to the Commission; (c) to appear before the Commission to give evidence orally. 64 While Section 71 of the FCA does not indicate refused to provide such information, it would be a matter of course that before the FCC issues such a summon, the suspect should have refused to voluntarily submit the information. The FCC Procedure Rules at Rule 13 thereof do not state the circumstances when such summons would be issued. Generally, the FCC has not had problems in receiving the information it requires, except in cartels where, since its inception, the FCC has not successfully investigated a cartel case. However, this is not for reason of suspects refusing to furnish information, rather by reason of the secrecy associated with cartel conduct.
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UNITED NATIONS CONFERENCE ON TRADE
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UNITUNITED NATIONS CONFERENCE ON TR
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2 VOLUNTARY PEER REVIEW OF CLP: A T
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COMPARATIVE ASSESMENT COMPARATIVE A
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ZIMBABWE FULL REPORT ZIMBABWE
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ZIMBABWE TABLE OF CONTENTS PREFACE
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ZIMBABWE This report is part of the
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ZIMBABWE With the growing political
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ZIMBABWE of restrictive practices,
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ZIMBABWE competition authorities do
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ZIMBABWE divided according to geogr
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ZIMBABWE The Commission in 2006 whi
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ZIMBABWE to take care of themselves
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ZIMBABWE (under Section 9); basical
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ZIMBABWE Full scale investigation i
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ZIMBABWE (ii) to produce any book,
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ZIMBABWE The fact that CTC has a co
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ZIMBABWE tariat of technocrats, who
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ZIMBABWE Table 2: Number of Competi
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ZIMBABWE Regarding the handling of
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ZIMBABWE (Emphasis by the author) b
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ZIMBABWE Section 5 (1) (f) that pro
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ZIMBABWE Whilst the arguments can b
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ZIMBABWE Anti competitive agreement
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ZIMBABWE by conducting its case det
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