Competition Policy and Law in Tanzania

Similar documents
UNITED REPUBLIC OF TANZANIA MINISTRY OF INDUSTRY, TRADE AND MARKETING INTELLECTUAL PROPERTY RIGHT IN TANZANIA

THE UNITED REPUBLIC OF TANZANIA. GOVERNMENT NOTICE NO 205 published on 22/7/2005. THE PUBLIC PROCUREMENT ACT, 2004 (ACT No.

No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 THE UNITED REPUBLIC OF TANZANIA ACT SUPPLEMENT. No th November, 2016

THE SUMATRA (COMPLAINTS AND REVIEW PROCEDURE) RULES, 2008

THE FAIR COMPETITION ACT, 2003 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS

Chapter Sixteen: Competition Policy Comparative Study Table of Contents. DR - CAFTA Date of Signature: August 5, 2004

THE UNITED REPUBLIC OF TANZANIA ACT SUPPLEMENT. to the Gazette of the United Republic of Tanzania No. 27 Vol 94 dated 5 th July, 2013

The Trans-Pacific Partnership

IN THE FAIR COMPETITION TRIBUNAL AT DAR ES SALAAM TRIBUNAL APPEAL NO. 3 OF 2013 TANZANIA ELECTRIC SUPPLY CO. LTD...APPELLANT VERSUS JUDGMENT

Creating Space for Child Participation in Local Governance in Tanzania: Save the Children and Children s Councils

Coping in Exile. Urban Refugees and Social Networks in Dar es Salaam, Tanzania. Roos Willems, Ph.D.

Chapter 7. Whether the Competition and Consumer Protection Laws in Thailand Comply with the Requirements of Chapter 16 (Competition Policy) of the TPP

The Investment Climate in Tanzania: Views of Business Executives

Non-state actors and climate change adaptation processes: A case study from Tanzania

Challenging and changing the big picture: the roles of participatory research in public policy planning

Pre-Merger Notification Survey. MEXICO Basham, Ringe y Correa S.C.

THE UNITED REPUBLIC OF TANZANIA THE FAIR COMPETITION COMMISSION PROCEDURE RULES, 2010

SUBSIDIARY LEGISLATION

ANNUAL REPORT ON DEVELOPMENTS IN IRELAND. (1 January December 2001)

Electronic and Postal Communications (Interconnection) THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT (CAP.306) REGULATIONS

President's introduction

Complaints Policy & Procedures. Foxberry Ltd 27 th April, 2018

(2005/C 286/06) Introduction

NEW YORK CITY DEPARTMENT OF BUILDINGS. Notice of Public Hearing and Opportunity to Comment on Proposed Rules

ACT SUPPLEMENT No. 5 8 th July, 2016

Guest of Honour, Honourable Dr. Philip Isdor Mpango, MP, Minister of Finance and Planning of the United Republic of Tanzania,

Universal Periodic Review (12 th session, 3-14 October 2011) Contribution of UNESCO UNITED REPUBLIC OF TANZANIA

THE UNITED REPUBLIC OF TANZANIA. No. 47 OF 1968

COMPARATIVE ECONOMIC SYSTEMS: PAST, PRESENT, AND FUTURE BEFORE YOU BEGIN

An Act to amend the Employment Ordinance

INCREASED ACCESS TO JUSTICE THROUGH LEGAL EMPOWERMENT. Justice for Everyday Problems

EU ENGAGEMENT WITH CIVIL SOCIETY IN TANZANIA

THE UNITED REPUBLIC OF TANZANIA. 30th

THE UNITED REPUBLIC OF TANZANIA. An Act to amend the National Service Act, 1964

Uganda s Legal System and Legal Sector

JUDICIARY OF TANZANIA

REPORT 2016/009 INTERNAL AUDIT DIVISION. Audit of the operations in Tanzania for the Office of the United Nations High Commissioner for Refugees

Review of the Standard of Proof Applied in Professional Misconduct Proceedings. Consultation Paper

ITUC 1 Contribution to the pre-conference negotiating text for the UNCTAD XII Conference in Accra, April

Low Carbon Development, 100% Renewable Energy and Poverty Reduction in Tanzania. Workshop, 25 th Feb. in Dar es Salaam

REGULATORY LAW Global perspectives

2009 Bill 36. Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 36 ALBERTA LAND STEWARDSHIP ACT

Purpose. the meeting. Participants. network. Activities of. Heads and. Sixteen. Penal. Initiative

Civil Society Participation In the ACP-EU Country Support Strategy Process In Tanzania

THE UNITED REPUBLIC OF TANZANIA. No. 12 OF 1982

An Act to amend the Advocates Ordinance

The Danish Courts an Organisation in Development

REGULATION MAKING POWER OF CERC

The 1 st TzIGF Report Edition

BACKGROUND PAPER. 1. Introduction and background

Data Protection Bill: Summary of government amendments for Lords Committee tabled on 20 October 2017

Opening Statement by the Chairperson of the Committee of Ministers Responsible for Transport and Meteorology, Lilongwe, Malawi 3 rd November 2017

COMMITTEE ON THE RIGHTS OF THE CHILD

FIRST SUPERVISORY NOTICE

FOURTH SECTION. Application no /09 by Elizabeth KAWOGO against the United Kingdom lodged on 14 October 2009 STATEMENT OF FACTS

An Act to establish the National Construction Council and to provide for matters connected with and incidental to the establishment of that Council

ENERGY SECTOR ACT. Chapter one. GENERAL

Regional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.

JUDICIAL REFORM AND COMMERCIAL JUSTICE: THE EXPERIENCE OF TANZANIA S COMMERCIAL COURT

ARTICLE 29 Data Protection Working Party

SPCP - Tanzania June, 2007 Update

International Trade Union Confederation Statement to UNCTAD XIII

THE COMPETITION (AMENDMENT) BILL, 2012

Government Notices Goewermentskennisgewings

New York State Building Officials Conference, Inc. Mid-Hudson Valley Chapter

European Union Guidelines on Human Rights Defenders Local Implementation Strategy Tanzania

THE EDUCATION FUND ACT, ARRANGEMENT OF SECTIONS Title PART I PART II. 4. Establishment of the Education Fund. PART III

THE SPINE CLINIC AHMEDABAD - INDIA

The UNSC Counter Terrorism Committee Executive Directorate (CTED) 19 th IAP Conference, Dubai, Nov. 2014

NEW AND FORTHCOMING TITLES

Parliamentary Commissions of Inquiry

COMMENTS ON: STRENGTHENING PUBLIC ADMINISTRATION FOR THE MELLENNIUM DEVELOPMENT GOALS: A PARTNERSHIP BUILDING APPROACH REPORT OF THE SECRETARIAT

INDEX PREMISE 1 1. RECIPIENTS 2 2. PURPOSE AND SCOPE 2 3. REFERENCES 5 4. DESCRIPTION OF THE PROCESS AND RESPONSIBILITIES 6 5.

Hazel Gray Industrial policy and the political settlement in Tanzania

ACT SUPPLEMENT No th September, 2015

Regional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.

4.1 THE DUTCH CONSTITUTION. The part of the government that makes sure laws are carried out 1 mark.

Agreement. for the Promotion and Protection of Investments. Treaty Series No. 90 (1996)

Conclusions on the former Yugoslav Republic of Macedonia

Statement from the Dar es Salaam Business Round Table

Annual Report of the Saskatchewan Conflict of Interest Commissioner And Registrar of Lobbyists. Ronald L. Barclay, Q.C.

8. Part 4 (General) contains general and supplemental provisions.

Boyd County Public Schools

Version 1: Effective Version 2: Effective

Transport Licencing (Goods Carrying Vehicles) (Amendment) SUBSIDIARY LEGISLATION

THE EDUCATION FUND ACT, ARRANGEMENT OF SECTIONS Title PART I. 1. Short title and commencement. 2. Application. 3, Interpretation.

THE SMALL INDUSTRIES DEVELOPMENT ORGANIZATION ACT, 1973 ARRANGEMENT OF SECTIONS

2009 No (L. 20) TRIBUNALS AND INQUIRIES

IMMIGRATION REGULATIONS INSTRUMENT A. The Financial Conduct Authority makes this instrument in the exercise of:

Regional Integration is an imperative for Sustainable Development and the time is now!

Alberta Office of the Ethics Commissioner Updated 2017 LOBBYISTS ACT

Tertiary Education Quality and Standards Agency Act 2011

Article 14. Bilateral, regional and multilateral agreements and arrangements

STRATEGY FOR TAJIKISTAN

PMAESA - AFRICAN PORTS/MARITIME CONFERENCE

Presented At the SOCIAL ACCOUNTABILITY HOW CAN CSOS AND GOVERNMENT COLLABORATE TO ENHANCE GOOD GOVERNANCE AND ACCOUNTABILITY?

The President has signed the Act on the Change of the Act on Competition and Consumer Protection and the Act the Civil Procedure Code

OPENING REMARKS BY MR. WANG OMBE KARIUKI, DIRECTOR-GENERAL, COMPETITION AUTHORITY OF KENYA, DURING THE EVENT TO MARK THE WORLD COMPETITION DAY AT THE

CONSTITUTION OF CAPA

Combined Curriculum Document Social Studies Fifth Grade

Transcription:

Competition Policy and Law in Tanzania [Godfrey Mkocha, DG/FCC Tanzania, at the Third Annual Competition Commission, Competition Tribunal and Mandela institute Conference on Competition Law, Economics and Policy in South Africa at the South Africa Competition Commission, 2009/09/03] 1. The Competition regime for Tanzania comprises the following laws: (i) The Energy and Water Utilities Regulatory Authority Act, 2001 (EWURA); (ii) The Surface and Marine Transport Regulatory Act, 2001 (SUMATRA); (iii) Tanzania Civil Aviation Regulatory Authority Act, 2003 (TCAA); (iv) The Tanzania Communications Regulatory Authority Act, 2003 (TCRA). (v) The Fair Competition Act, 2003 (FCA); 2. Competition policy and law as part of economic reform programme In the last 20 years, global phenomenal changes have taken place similar to the 19 th century industrial revolution. The revolution has thrust the role of the private sector to centre stage in the economic development sphere. This thrust has been caused by technological, economic, political and ideological changes that took place in unison in the 1990s. These changes have found most developing countries ill suited to the challenges of the revolution in terms of two important aspects: Small size of the private sector Many countries have adopted the oft sung song of, The private sector is the engine for development Yet the engine is too small! Most formerly centrally planned economies have increased the size of the private sector by pursuing the tripartite policies depicted by the diagram below:

Privatisation Trade Lack of appropriate institutions Deregulation Liberalisation Such institutions include laws, appropriate conduct and organizations that can marshal a market economy. That policy by itself as a prerequisite for development is not enough if there are no appropriate institutions is in the particular society, is a recent realisation still not appreciated by many policy makers in developing countries. This point is underscored in the following statement, The argument that developing economies are just like advanced economies, only poorer is not correct. In recent decades, economists have acquired a deeper appreciation of the underlying institutions that make mature markets work. These institutions define property rights, enforce contracts, convey information and bridge information gaps between buyers and sellers. These institutions and capabilities are not fully formed in a developing economy. The immaturity of these institutions is synonymous with under development. 1* The development of competition and economic regulatory institutions should be seen within the context of other market support institutions namely; property rights, institutions for macro-economic stabilization, the institutions for social insurance and institutions of conflict management. 3. Competition law in Tanzania 2

The table below summarises Fair Competition Act compatibility with the UNCTAD model law. Model Law Provision Provision in Tanzanian Law Title of the law Section 1 Objectives or purpose of the law Section 3 Definitions and scope of applications Section 2 Abuse of dominant position Section 10 Notification, investigation and control of Section 11 mergers Anti competitive agreements Section 8 Relationship between competition authorities Section 96 and sector regulators Establishment, functions and powers of the Section 62, 83 administering authority Powers of enforcement Section 59, 60, 68, 70, 71, 88 Sanctions and remedies Section 59, 60 Appeals Section 61 Together with the above generics, the law evolves around the principles of independence, accountability, transparency and due process. Distinguishing features of the law Need to elevate the Consumer Emphasis on advocacy as part of compliance strategy Involvement of the Judiciary 4. Implementation time line of the Fair Competition Act 3

The Fair Competition Act was passed by Parliament in April 2003. The President assented to the Act in May 2003. The President assigned the Minister responsible for the Fair Competition. Act implementation as required by the Act in March 2004. The Minister for Industry and Trade appointed the 12 th of May, 2004 as the effective date for the Act. After this date recruitment of staff could start. The Director General was appointed in July 2005 the other four Commissioners, including the Chairman, in November 2005. The approval of the Project Implementation Plan (PIP) by the Government and World Bank took a long time. On 16 th January, 2007 FCC got partial approval of the PIP and that is the date FCC started recruiting staff. On May 2, 2007 FCC achieved the critical mass of staff capable of carrying out FCC s full legal mandate in the economy. 5. Implementation experience Training Advocacy Consumer and Public awareness Competition law compliance Anti-counterfeits measures Monitoring and evaluation 6. Pitfalls for successful implementation of competition policy and law Competition policy and law attempts to deal with issues terms as market failures in the economy but there are other problems as well: Political failure The structure and quality of political institutions have an effect on whether Government facilitates or inhibits economic development Issues at stake Competition enforcement involves high personal stakes of the existing dominant firms, entrepreneurial associations and 4

employees of state controlled enterprises who are likely to be adversely affected by the reduction in the intervention role of the government in the market. 7. Conclusion Each country is a product of its own people mainly determined by their history, geography and politics. Therefore there is no experience that would fit all countries. This is the Tanzanian experience. -end- Notes: 1* The Growth Report: Strategies for Sustained and Inclusive Development, 2008 at contactinfo@growthcommission.org Godfrey E. Mkocha Director General, Fair Competition Commission, CRDB Head Office Office Building, Floor 7, Azikiwe Street, P.O.Box 7883, Dar es Salaam. Tanzania. Landline Telephone: +255 22 2122479 Fax Number: +255 22 2122449 E-mail: godfreymkocha@competition.or.tz Web-site: www.competition.or.tz 5