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NOTES NOTES 1 Stiglitz, J. (2000) “Keynote address”, First course on competition law and policy, World Bank, Washington D.C. (author recollection). 2 The United Republic of Tanzania is a member of East African Community (EAC) and the Southern Africa Development Community (SADC), while Zambia and Zimbabwe are both members of the Common Market for Eastern and Southern Africa (COMESA) and the Southern Africa Development Community (SADC). 3 deterrence”, World Competition, March. 4 See the analysis in Arvind Panagariya, “India – The Emerging Giant” OUP, 2008. 5 Besides the Tanzanian competition authority, interviews were held with: (i) the Registrar of the Fair Competition Tribunal; (ii) Ministry of Trade and Industry; (iii) Tanzania Chamber of Commerce; (iv) regulators in the energy and telecommunications sectors; (v) academia at University of Dar-Es-Salaam and economists at an economic research/think-tank institution. 6 http://www.tanzania.go.tz/history.html as downloaded on 23 October 2011 7 “Revolutionary Party” 8 Same kind of transformation was experienced in neighbouring countries such as Kenya, Malawi and Zambia 9 Ministry of Trade, Industry and Marketing, Strategic Plan 2009–2011, p. 6. 10 Speech by the Minister for Finance and Economic Affairs, Hon. Mustafa Haidi Mkulo (MP), introducing to the National Assembly, the Estimates of Government Revenue and Expenditure for the Financial Year 2009/10, para. 42, p. 28. 11 SAPA-AFP, 23 July 2000, www.gopher.anc.org.za/00/anc/newsbrief/2000/news0724 12 Opposition parties in the United Republic of Tanzania have voiced their concerns over the continued domination of attractive business ventures by South Africans – John Ongeri, African Eye News Service, 26 June 2000 13 Abbott, John. C., Agricultural Marketing Boards in Developing Countries, Journal of Farm Economics, Vol.49, No.3, Aug.1967 14 Economic and Social Research Foundation. 15 Sanya, Sarah, and Gaertner, Matthew, Assessing Bank Competition within the East African Community, IMF Working Paper, WP/12/32, January 2012. 16 Excerpts from J.K. Nyerere. Freedom and Development. Dar-es-Salaam: Government Printer – also reprinted in Freedom and Development, Oxford University Press, 1973. 17 This situation was similar to what most countries in the region such as Zambia went through 18 United Republic of Tanzania’s “National Trade Policy” of 2003, page 5 19 Fair Competition Tribunal Strategic Plan 2009/2012 20 SIDP, paragraph 3.2, p.12, available at: http://www.tzonline.org/pdf/sustainableindustrial.pdf 21 SIDP, paragraph 3.4.1, p.14 22 National Trade Policy 2003, p. 72 23 http://data.worldbank.org/country/tanzania Markets and Morality: American Relations with Tanzania, African Studies Quarterly, March 22, 2006, Tony Waters 25 Helge Kjekshus, Tanzanian Villagization Policy: Implementational Lessons and Ecological Dimensions Canadian Journal of African Studies/Revue Canadienne des Études Africaines , Vol. 11, No. 2 (1977), pp. 269–282. 26 Bernard Elia Kihiyo, Executive Director, Tanzania Consumer Advocacy Society, “Why do Countries Adopt Competition Laws – Tanzania as a case study“, at http://tanzaniaconsumer.blogspot.com/2008/12/why-do-countries-adopt-competitionlaws_28.html 211 NOTES
212 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE 27 National Trade Policy 2003, p. 22, 28 National Trade Policy 2003. p. 9, 29 Kahyarara, G. (2004). Competition Policy Manufacturing Exports, Investment and Productivity: Firm-Level Evidence from Tanzania Manufacturing Enterprises, in P. Brusick et al. (eds.) Competition, Competitiveness and Development: Lessons from Developing Countries, United Nations, New York and Geneva, 2004. 30 Competition Law & Policy – A Tool for Development in Tanzania, CUTS, 2002. 31 Fair Competition Tribunal Strategic Plan 2009/2012 32 Page 2–3 of the Strategic Plan 33 The Union treaty between “Tanganyika” (i.e the mainland) and Zanzibar provides for each country enacting its own laws to apply on its territory, which laws are not applicable to the other unless so expressly agreed. However, in terms of enforcement, under section 7 of the Act, the FCC can apply the Act to conduct outside the United Republic of Tanzania 34 FCC Annual Report 2008/2009, page 12 35 FCC Press Statement, 12th November 2009. 36 In the matter of an application for interpretation of Section 3(f) of the Competition and Fair Trading Act, CAP 417 of the Laws of Zambia, Case No. 2009/HP/297. Section 3(f) seemingly exempted the application of the Act to “any act expressly required under a treaty or agreement to which the Republic of Zambia is a party”. 37 The EWURA Act, Electricity Act, Water Supply and Sanitation Act, Waterworks Act, Dar-es-Salaam Water and Sewerage Authority Act, Water Utilization (Control and Regulation) Act, Petroleum Exploration and Production Act, Petroleum (Conservation) Act, and the Petroleum Act. 38 Section 20(2) of the EWURA Act 39 TCRA submitted during the consultations for this <strong>report</strong> that they had guidelines to assist staff to deal with competition review and analysis in the sector. 40 The Electricity Act and Petroleum Act in particular. The Director-General of the FCC is Vice-Chairperson of the Board of EWURA. This arrangement is a mere coincidence rather than a legal requirement. 41 Section 19(5) states that where the Minister receives a <strong>report</strong> from the Commission. He may direct the relevant regulatory authority to take the necessary steps to ensure that the conduct described by the Commission is not required, authorised or approved by the regulatory authority 42 UNCTAD Model Law on Competition, page 1 43 Pages 12–14 44 Case 2 of 2009, page 24 and 25 45 Case 2. of 2009, page 40/41, Serengeti Breweries Ltd v Tanzanian Breweries Ltd 46 Case 56/65 (1966) ECR 235, pg 249, CMLR 357, pg 375 47 A rebuttable presumption is an assumption made by a court or legal provision, one that is to be taken to be true unless proved otherwise 48 Case 2 of 2009, page 27 49 European Commission, Volk v Vervaeke (1969) ECR 295 on the de minimis rule. 50 Section 60(1) of the Act 51 (ICN Unilateral Conduct Working Group Recommended Practices). 52 Case No. 2 of 2009, page 28 by the Fair Competition Commission 53 ICN Merger Working Group: Analytical Framework Subgroup THE ANALYTICAL FRAMEWORK FOR MERGER CONTROL 54 While it has been recognized that the Merger Guidelines should not be taken as a replacement of the Act and the Rules thereof, the process of assessing the vertical mergers for instance appears to depart from the provisions of the Act. It
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Page 174 and 175: ZIMBABWE FULL REPORT ZIMBABWE
Page 176 and 177: ZIMBABWE TABLE OF CONTENTS PREFACE
Page 178 and 179: ZIMBABWE This report is part of the
Page 180 and 181: ZIMBABWE With the growing political
Page 182 and 183: ZIMBABWE of restrictive practices,
Page 184 and 185: ZIMBABWE competition authorities do
Page 186 and 187: ZIMBABWE divided according to geogr
Page 188 and 189: ZIMBABWE The Commission in 2006 whi
Page 190 and 191: ZIMBABWE to take care of themselves
Page 192 and 193: ZIMBABWE (under Section 9); basical
Page 194 and 195: ZIMBABWE Full scale investigation i
Page 196 and 197: ZIMBABWE (ii) to produce any book,
Page 198 and 199: ZIMBABWE The fact that CTC has a co
Page 200 and 201: ZIMBABWE tariat of technocrats, who
Page 202 and 203: ZIMBABWE Table 2: Number of Competi
Page 204 and 205: ZIMBABWE Regarding the handling of
Page 206 and 207: ZIMBABWE (Emphasis by the author) b
Page 208 and 209: ZIMBABWE Section 5 (1) (f) that pro
Page 210 and 211: ZIMBABWE Whilst the arguments can b
Page 212 and 213: ZIMBABWE Anti competitive agreement
Page 214: ZIMBABWE by conducting its case det
Page 227: Printed at United Nations, Geneva -
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