Tanzania (May 23, 2003)

Score = 16

Governed by: The Fair Competition Act of 2003.

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.