Africa Competition Guide

Tanzania

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Prohibited Practices
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Please provide information in relation to any noteworthy penalties that were imposed on any entities engaged in prohibited practices such as cartel conduct, abuse of dominance, etc.

The latest publicly available information regarding a price-fixing arrangement is by the Green Leaf Tobacco Company. The FCC settled with the two involved parties, while the rest were issued with official findings and penalties. The exact amount of fine is yet to be publicised.

Has the authority brought any cases against parties in a vertical relationship for infringing the competition legislation? If so, please provide details.

No such information is publicly available.

Please explain how exclusivity clauses and non-compete restraints are treated in your jurisdiction. Have there been any prosecution against entities for implementing exclusivity clauses or non-compete restraints? If so, please provide details.

Exclusivity clauses and non-compete restraints are generally prohibited under the competition laws as they are likely to lessen competition and strengthen dominance. Currently, the FCC is investigating two cases involving exclusive broadcasting rights for possible anticompetitive concerns. However, the findings are yet to be publicised. A similar investigation regarding exclusive arrangements or agreements between soft drinks producers and their retailers and distributors is underway.

Has the authority launched and publicised any new investigations since January 2021 against any entities for engaging in prohibited practices? If so, please provide details.

Since January 2021, the FCC has announced plans to carry out investigation into possible anticompetitive practices in the following areas:

a) increase of cement prices;

b) premier league sponsorship arrangements; and

c) exclusive arrangements between producers of soft drinks and their distributors and retailers. 

Does the competition legislation contain provisions on the abuse of buyer power? If so, has the authority brought any cases against entities accused of abusing buyer power? If so, please provide details.

No. Such provisions do not exist under Tanzanian competition laws.

Is cartel conduct/ anti-competitive conduct criminalised in your jurisdiction? If so, have any criminal charges been brought/convictions made against any persons and/or entities for engaging in any anti-competitive conduct? If so, please provide details.

Yes. Cartel conduct is criminalised. However local counsel are not aware of any enforcement action by the FCC in this regard. Usually, the authority imposes penalties. In any case, a lot of the work the FCC undertakes in Tanzania in such cases is not in the public domain.

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