a tripartite report - Unctad

TANZANIA
6.3 Areas requiring urgent
technical assistance
The FCC submitted that they required technical assistance
in the following areas:
(i) Cartel investigation techniques, in particular
how to carry out a dawn raid, evidence
gathering and handling.
(ii) In view of the exemption of intellectual
property rights under the Act, the interface
and interventions required where there is an
abuse of IPRs in the market place.
(iii) Quantitative/Economic analysis in abuse of
dominance (e.g. excessive pricing, predatory
pricing and models thereto) and merger cases
(e.g. econometric testing and future merger
scenario simulations.
(iv) Prosecution and evidence handling in
competition matters (e.g. use of local versus
international expert evidence), dealing with
persons who breach competition law but are
outside the FCC jurisdiction.
(v) Effective consumer protection and case
management.
6.4 Other supportive areas for
technical assistance
Other important aspects of the institutional arrangement
in the United Republic of Tanzania that
require technical assistance were observed to include
the following:
(i) The Fair Competition Tribunal
The FCT has not received as much exposure and
training as the FCC. There is need to train and expose
the Registrar of the FCT to international best
practices. All staff of the FCT would also need to
be trained on competition matters so that they can
functions of the FCT members also needs international
expert assistance and exposure through
attachments, secondments and perhaps extend it
to case analysis expert who can be resident at the
(ii) The National Consumer Advisory Council
and other independent consumer advocacy
groups
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The role of the NCAC is critical in the competition
process as it is the voice of the consumers. There is
need to ensure that the NCAC is properly trained
and exposed to be able to usefully contextualize
the decisions of the FCC, the FCT and other regulators
and how those decisions affect consumers.
With only one staff and no support staff, the NCAC
requires urgent assistance for it to live up to its
expected role in the competition and consumer
policy implementation system of the United Republic
of Tanzania.
(iii) Civil Service/Technocrats in Rationale for
Competition Policy and its role in industrial/
economic development
There is a need to train the technocrats (both in
the civil and public service) on the role of com-
lack of useful appreciation and/or an indifferent
approach by policymakers and technocrats does
affect the effective implementation of competition
etary
allocations and thematic priorities in the national
development system.
(iv) Academicians, economists, research
institutions, think tanks
The FCC needs to be assisted to engage with the
academicians and research institutions to develop
competition studies that would be used in enforcement
and primarily advocacy efforts. While
the United Republic of Tanzania has a wealth of
highly skilled and educated people, competition
law has not been a part and parcel of their edu-
from sound research work if its circle of prospective
researchers is not technically skilled to carry
out desired competition and other market studies.
(v) The Legal Fraternity
The legal fraternity and the judiciary (magistrates,
judges) do require technical training in handling
nal
say on the inculcation of a competition culture
in the country through the decisions they
would make on appeals. Assistance from multilateral
organizations over a sustained period of
time would assist to spread the rationale for competition
policy and instil a sense of appreciation
of the trade.
TANZANIA