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TANZANIA The Organization structure is as follows: DIRECTOR - CORPORATE SERVICES Source: FCC HEAD OF FINANCE HEAD OF HUMAN RESOURCES DIRECTOR - COMPETITION RESEARCH & ADVOCACY The organization structure appears to be rather tilted to competition matters than on consumer protection. Considering that the FCC has more provisions dealing with consumer protection/ would be necessary – probably be merged with anti-counterfeit. In addition to the consumer and unfair business practices within the Act itself, the FCC also enforces the Merchandise Marks Act revealed that under the EAC treaty, each Member ing with anti-counterfeit work. It was not clear how enforceable the requirement under the EAC is. The FCC’s conditions of service are reckoned to be far better than the civil service conditions and competitive with the private sector. Only three staff have reportedly left the FCC since it commenced full operations in 2007. There is however a looming threat that the conditions of service have not ously improving their terms and conditions, the COMMISSIONERS DIRECTOR - GENERAL HEAD OF MERGERS HEAD OF ADVOCACY DIRECTOR - COMPLIANCE HEAD OF INVESTIGATIONS HEAD OF ENFORCEMENT HEAD OF CONSUMER ANTI - COUNTERFEITS 69 FCC may have to deal with possible poaching/ head-hunting of its staff. recruitment strategy is to employ young university graduates and mould them into competition investigators and analysts, such young graduates are likely to stay on longer than well experienced older staff. The young staff is employed on a permanent and pensionable basis, which better guarantees and security of employment than the private sector. Under section 72(8) of the FCA, the FCC shall include in its Annual Report a report of its competitive staff selection procedure and its employment practices. The process was however not indicated izing this report, the 2009/10 and 2010/11 Annual Reports were not ready. The FCC has a strict code of conduct for staff that extends to the period after they leave the FCC. According to the staff conditions laid down in the code of conduct, an employee of the FCC who resigns is not expected to work for a company that the FCC had investigated until after 18 months following such resignation. However, during this pe- TANZANIA
70 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE they used to get at the FCC as compensation. 4.3 Agency Resources and Performance The FCC is an agency of the Government of the United Republic of Tanzania and thus relies on public funding. Like most competition authorities, the funds of the Commission are from the National Assembly and from fees raised from mergers and (dealt with in detail below) provides for the funding process for the FCC. Under section 78(2) of the FCA, the FCC may make ACTIVITY Investigations of Anti-competitive conduct and enforcement of infringements of the Act paid by persons in connection with the procedures of the FCC. For good accountability, transparent and checks and balances, the FCC shall disclose details of the sources of its funds in the Annual Report. 4.3.1 Financial Situation The FCC’s annual budgetary needs are about ernment and modest internal revenue collection through fees. Like any other organization, the Commission has ambitious budget expectations as shown in the summarized table below: YEAR 2010/11 2011/12 2012/13 726,079,600 860,449,965 921,910,677 Fight against counterfeit goods in United Republic of Tanzania mainland 170,545,000 202,106,545 216,542,727 Enhancement of Research and Advocacy efforts towards Compliance with the Act 165,100,000 195,653,878 209,629,155 Enhancement of Consumer protection Enforcement Mechanism 103,332,500 139,971,015 144,322,562 Attainment of FCC Financial Sustainability 26,000,000 23,701,257 25,394,204 Improvement of Human Resource Management System 4,163,970,075 8,096,230,826 4,924,533,028 Improvement of Information Management System 159,100,000 70,000,000 75,000,000 Improvement of FCC’s Communications and Public Relations 103,332,500 104,940,000 118,082,097 Procurement 740,000,000 876,946,514 939,585,551 TOTAL 6,357,459,675 10,570,000,000 7,575,000,000 Source: FCC Each division and/or department is supposed to come up with an action plan to feed into and tap from the FCC budget. In terms of actual allocation of funding, the Director-General, as the Chief Executive, does have a decisive role on actual allocation of resources. The actual allocations may be a far cry from the desired figures in the budget. It is however clear that the first three operational priorities (after the human resource related expenditure) in the budget are: (i) Enforcement (ii) Fight against counterfeit products (iii) Research, advocacy and compliance The above is evidently higher than the proposed funding structure of the FCC for the period 2007 – 2010, as shown below:
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UNITED NATIONS CONFERENCE ON TRADE
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UNITUNITED NATIONS CONFERENCE ON TR
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2 VOLUNTARY PEER REVIEW OF CLP: A T
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COMPARATIVE ASSESMENT COMPARATIVE A
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PREFACE This comparative assessment
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PREFACE agreements. . In the United
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PREFACE Finally in the United Repub
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PREFACE be set at a percentage of t
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PREFACE the market price but constr
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PREFACE (d) the extent to which the
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ZIMBABWE FULL REPORT ZIMBABWE
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ZIMBABWE TABLE OF CONTENTS PREFACE
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ZIMBABWE This report is part of the
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ZIMBABWE With the growing political
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ZIMBABWE of restrictive practices,
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ZIMBABWE competition authorities do
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ZIMBABWE divided according to geogr
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ZIMBABWE The Commission in 2006 whi
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ZIMBABWE to take care of themselves
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ZIMBABWE (under Section 9); basical
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ZIMBABWE Full scale investigation i
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ZIMBABWE (ii) to produce any book,
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ZIMBABWE The fact that CTC has a co
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ZIMBABWE tariat of technocrats, who
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ZIMBABWE Table 2: Number of Competi
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ZIMBABWE Regarding the handling of
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ZIMBABWE (Emphasis by the author) b
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ZIMBABWE Section 5 (1) (f) that pro
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ZIMBABWE Whilst the arguments can b
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ZIMBABWE Anti competitive agreement
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ZIMBABWE by conducting its case det
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