a tripartite report - Unctad

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website and outreach programmes in both English
the United Republic of Tanzania, with Swahili being
more widely spoken). Under Section 65 of the
to its role of administering the Act and developing
policies for enhancing competition and consumer
empowered to undertake/do the following:
Promote public knowledge, awareness and
understanding of the obligations, rights and
remedies under the Act and the duties, functions
and activities of the FCC;
make available to consumers information and
guidelines relating to the obligations of Persons
under the Act and the rights and remedies
available to consumers under the Act;
carry out inquiries studies and research into
matters relating to competition and the protection
of the interests of consumers;
The FCC has a well-functioning website with various
documents on public awareness that can be
brochures targeted at the business and consumer
community in both Swahili and English.
Publications availed to the public include the following:
(i) Website www.competition.or.tz
(ii) Annual Report 2008/9, 2009/10
(iii) FCC Procedure Rules
(iv) FCC Merger Guidelines
(v) FCC Newsletter (quarterly)
(vi) FCC Guide on the Competition Act
(vii) FCC Guide on Competition Law
(viii) Lodging a Complaint with the FCC
5.1 Competition advocacy and the
policy/legislation making process
The FCC has a wide spectrum of stakeholders it has
interacted with both in the Government and in the
private sector. Section 62(3)(c) states that the FCC
shall “have the power to exercise and perform the
powers and functions conferred on it by or under
this Act”. Section 65 of the Act has provisions which
are express on this power, such as to study Gov-
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ernment policies, procedures and programmes,
legislation and proposals for legislation so as to
assess their effects on competition and consumer
welfare and publicize the results of such studies;
investigate impediments to competition, including
entry into and exit from markets, in the economy
as a whole or in particular sectors and publicize the
results of such investigations; and investigate policies,
procedures and programmes of regulatory
authorities so as to assess their effects on competition
and consumer welfare and publicize the results
of such studies. The FCC can also participate
in deliberations and proceedings of Government,
Government commissions, regulatory authorities
and other bodies in relation to competition and
consumer welfare; make representations to Government,
Government commissions, regulatory
authorities and other bodies on matters related to
competition and consumer welfare; consult with
consumer bodies, regulatory authorities, business
organizations and other interested persons; consult
with the competition authorities of other countries;
and represent the United Republic of Tanzania at
international forums concerned with matters relating
to competition or the interests of consumers.
Section 65(4) makes it mandatory for the FCC to
participate in the proceedings of courts, tribunals,
regulatory authorities, Government inquiries,
commissions, committees and working groups for
the purpose of observing the proceedings and
making representations on matters relevant to the
FCC’s functions.
Section 68 provides the FCC with an extensive
advocacy function to conduct an inquiry where it
considers it necessary or desirable for the purpose
of carrying out its functions. The FCC can also conduct
an inquiry at the request of the Minister or
a regulatory body 88 . The FCC’s advocacy role in
terms of policy and legislation making process is
perhaps unprecedented in the Southern and Eastern
Africa region.
5.2 Competition advocacy
and the private sector
Consumers and businesses have the direct experience
of markets in which competition is restricted
and innovation held back. The FCC is in contact
with members of the public or companies who be-
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