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TANZANIA RECOMMENDATION REQUIRED ACTION RESPONSIBILITY 11. Section 6 of the Act should be reviewed so that the application of the FCA to the State and State bodies shall not depend on whether they are engaged in trade, rather whether their acts, arrangements or behaviour affect trade 12. Section 8(1) use of “agreement” including conduct, behaviour, or decision has been observed by FCC staff as limiting their intervention capacity. 13. Under Section 8(7), determination of an anticompetitive conduct should not depend on whether the conduct was committed intentionally or negligently 14. Under Section 8, the prohibition of anticompetitive conduct must not be restricted to competitors but must include non-competitors to include vertical agreements 15. Attribution of powers to FCC to enforce the FCA against the State. 16. There is need to have some form of mandatory consultation and/or involvement of the FCC in competition law matters explicit under legislations establishing regulators such as EWURA, SUMATRA, TCRA, TCCA, etc. Current trend appears to be that they consult the FCC after the event and not before. 17. Competition concerns against sector handled by the FCT and not the Minister. 18. There is need to consider the introduction of criminal sanctions against shareholders, engaged in cartel behaviour. 19. There is need to ensure that there is a clear administrative and visible separation of the triple roles of the Director-General as investigator, prosecutor and adjudicator as contained under sections 63, 65, 69 and Section 73(6) of the FCA. base it on e.g 5–10 per cent of the turnover for the whole enterprise as contained under to the turnover of the relevant products/ services in question under Section 60 of the Act. Review of Section 6(1) and 6(4) of the FCA FCC/Minister Inclusion of the words “conduct” and “behaviour” in Section 8(1) of the FCA. Remove Section 8(7) from the FCA as intention and negligence are not critical but the “effect” FCC FCC Remove Section 8(3)(b) from the FCA FCC The law should be amended such that the State may be subject to compliance orders and compensatory orders under the Act and not be totally immune from meeting their obligations under the FCA. The law should be amended so that there is mandatory consultation with FCC where there is a competition issue in a regulated sector. The FCC concerns against anticompetitive decisions made by the sector regulators should be reviewed by the FCT and not the Minister as provided for under section 96(5) of the FCA. meted out on directors and managers. There are no criminal sanctions against cartel offences in the FCA. The FCA should be amended to introduce criminal sanctions against individual employees involved in cartel activity. The Director-General cannot be an investigator and be an adjudicator in the same case. While this is a debatable occurrence in most competition authorities, including the United Kingdom and South Africa, this practice needs to be aligned e.g. to that in Zambia and Legal amendment should be made where the law should state that both the FCC and the FCT. Minister/FCC Minister/FCC Minister/FCC FCC/Minister FCC/Minister FCC/FCT/Minister 83 TANZANIA
84 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE C. ANTI-COUNTERFEIT AND CONSUMER PROTECTION RECOMMENDATION REQUIRED ACTION RESPONSIBILITY 21. Enable consumer breaches under PARTS VI and VII to be justiciable under the FCC and FCA than requiring consumers to process such complaints through the court system at their cost or offended parties under Section 15 and 16 of the Act – which similar cases in Zambia’s 24. Consumer organization and anonymous complaints under the Merchandise Marks Act Amendment to the Law FCC Law amendment FCC/NCAC It appears under the MMA, the FCC cannot entertain anonymous complaints. Further, only owners of the IPR appear to have the right to complain against counterfeits. There is need to ensure that consumers and traders who are likely to suffer harm and who suspect harmful counterfeit products are likely or about to be supplied, should be prescribed form which requires payment of a fee as well as detailed particulars of the suspected offending party. 25. There is need to expand the scope of MMA. MMA deals only with goods earmarked for import and export. The seizure and destruction of only imported goods and those earmarked manufactured locally for local distribution e.g. local copyright materials. The law should be amended to deal with all counterfeit goods on the Tanzanian territory and not just those earmarked for exports or imports. 26. National Consumer Advisory Council funding D. THE FAIR COMPETITION TRIBUNAL the “Consumer Consultative Council” that each regulatory authority has should be under one consumer council instead of each regulator having a different council. FCC Minister/FCC NCAC/FCC/ FCC/NCAC/ Consumer Consultative Council/ Regulators/Relevant Ministries RECOMMENDATION REQUIRED ACTION RESPONSIBILITY 27. There is need for a Vice Chair at the FCT. Meetings of the Tribunal cannot take place in the absence of a Chair. It Chair. This needs to be considered. 28. There should be an appeal mechanism against a decision of the Tribunal as opposed section 84 of the FCA. 29. There is need to have a Code of Conduct for the FCT Members. It is noteworthy that the Fair Competition Commission has already embarked on major legal reforms/amendments which have reached an advanced legislative stage. The actual document containing the proposed amendments was Section 84 should be amended to provide for an appeal against a decision of the Tribunal as the FCT is not a creature of the Constitution but of subsidiary legislation Minister/FCT Minister/FCT Development of a Code of Conduct for the FCT members. FCT/Chief Justice such processes. No reference has therefore been made to any of the changes that the document may contain.
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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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PREFACE pendence is maintained and
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PREFACE the effectiveness of the or
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PREFACE practical solutions, for ex
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PREFACE In addition to formal coope
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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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