Tanzania (May 23, 2003): Difference between revisions
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New page: '''Score = 15''' ''Governed by:'' The Fair Competition Act of 2003. <ref>Tanzania Parliament website, http://www.parliament.go.tz/Polis/PAMS/Docs/8-2003-2003.pdf</ref> {| class="wikitab... |
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'''Score = | '''Score = 16''' | ||
''Governed by:'' The Fair Competition Act of 2003. | ''Governed by:'' The Fair Competition Act of 2003. | ||
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| Private Enforcement | | Private Enforcement | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| | | 1 | ||
| | | Article 68(I) allows any person to submit a complaint against an alleged prohibited practice. | ||
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| Pre-merger | | Pre-merger | ||
| 2 | | 2 | ||
| | | Article 11(5) requires pre-merger notification. | ||
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| Other | | Other | ||
| | | 1 | ||
| | | Article 13(I)(c) allows a business failure defense where the business faces actual or imminent financial failure and the merger offers the least anti-competitive alternative use of the assets of the business. | ||
|- | |- | ||
Latest revision as of 13:35, 12 October 2007
Score = 16
Governed by: The Fair Competition Act of 2003. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 7(d) says that the Act applies to anything that has an effect in Tanzania. |
| Remedies | Fines | 1 | Fines are allowed via Article 60(I) |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 68(I) allows any person to submit a complaint against an alleged prohibited practice. |
| Remedies Available to 3rd Parties | 1 | Article 59(I) allows injured parties to recover damages. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 11(2) requires prior notification of mergers involving a specified threshold amount. | |
| Pre-merger | 2 | Article 11(5) requires pre-merger notification. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 11(1) says that mergers that create/strengthen a dominant market position are prohibited. |
| Restriction of Competition | 1 | Article 13 allows the Commission to consider the results on competition of any merger. | |
| Public Interest (Pro D) | 1 | Article 13(I)(b) allows otherwise impermissible mergers if the benefits to the public outweigh possible detriments to competition. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | Article 13(I)(c) allows a business failure defense where the business faces actual or imminent financial failure and the merger offers the least anti-competitive alternative use of the assets of the business. | |
| Efficiency | 1 | Article 13(I)(b) says that impermissible mergers can be allowed if they contribute to efficiency. | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 10(1) prohibits a dominant enterprise from abusing his position to distort competition. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 12 allows an efficiency defense for violations of Article 10. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 9(I)(a) prohibits price fixing. |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 1 | Article 9(I)(b) prohibits output restrictions. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 9(I)(c) prohibits collusive bidding. | |
| Supply Refusal | 1 | Article 9(I)(b) prohibits collective boycotts. | |
| Efficiency Defense | 1 | Article 12(I) allows an efficiency defense for certain activities prohibited by Article 9. |
References
- ↑ Tanzania Parliament website, http://www.parliament.go.tz/Polis/PAMS/Docs/8-2003-2003.pdf