a tripartite report - Unctad

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 report 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 report 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