a tripartite report - Unctad

TANZANIA
Where the FCC determines that an application under
Rule 59 does not concern a prohibited practice
as contemplated by section 12 of the Act, the FCC
shall issue a notice of refusal to grant an exemption
on Form FCC.5; the FCC may later withdraw
its notice of refusal to grant an exemption, by issuing
notice to the applicant at least thirty working
days before the withdrawal will take effect; and (ii)
providing the applicant with written reasons for its
action.
Where the FCC is contemplating revoking an exemption
granted under section 12(6) of the Act,
the FCC shall advise, in writing, the person concerned
of the intention to do so, as well as publishing
the notice required by Rule 59(9). The Commission
may request further information from the
person concerned; or any person who submits a
representation in response to a notice published in
terms of Rule 59 (9).
As regards block exemptions, Section 68(2) of the
Act stipulates that the FCC shall conduct an inquiry
before exercising a power to grant, revoke
or vary a block exemption under Section 12(2) of
the FCA.
For the matter of completeness, it should also be
from the exception provided by Section 14 (3) FCA
agreement with the Commission within 21 days
after the conclusion of the respective agreement.
“Guidance on Competition Law” of July 2006.
2.4.3 Investigation of misuse of
market power
The process of investigating a case of misuse of
market power follows the same principle as for all
other complaints in the FCCPR. The FCC does not
have comprehensive guidelines on misuse of mar-
question does have a market share in excess of 35
per cent as prescribed under Section 6 of the Act.
While the Act does not have an indication as to
which conduct would be considered to be instances
of “misuse of market power”, the FCC’s decision
Serengeti Breweries Limited v Tanzanian Breweries
Limited contains a non-exhaustive list of examples
inspired by international case law.
2.4.4 Review of mergers
57
Part V of the FCCPR contains detailed processes of
menced
with Form8 and payment of a statutory
written statement on Form FCC2 59 . As contained
under section 11 and 13 of the Act, a merger cannot
be implemented until after the FCC has determined
the matter. Mergers in the United Republic
of Tanzania are neither referred to the Minister nor
to the Tribunal.
-
in a prescribed form (a) Notice of Complete Filing
on Form FCC11; or (b) Notice of Incomplete Filing
on Form FCC.12.
Where the Commission determines that the
merger shall be examined, or otherwise not prohibited;
it shall notify the person within the initial
period i.e. within 14 days allowed by section 11(3)
of the Act to determine whether the merger shall
be examined. 60 The proposed merger shall be
examined for a period of ninety days. An extension
period of thirty days granted by the Commission
under section 11(4)(a) of the Act begins
on a working day following the date on which
the ninety days period expires; or in the case of
second or subsequent extension granted under
section 11(4)(b) of the Act, on the working day
following the date on which previous extension
expires.
The Investigation Department shall investigate the
merger with a view to establishing whether it has
any major economic impact. The provisions on in-
earlier shall apply mutatis mutandis to investigations
conducted under this Rule.
There seems to be an injustice under Rule 53 that
where the Investigation Department has indicated
on Notice of Incomplete Filing that a merger
appears to fall outside the jurisdiction of the Act,
or application fee, the FCC may consider reviewing
this and perhaps retaining a small amount for
administrative expenses incurred.
TANZANIA