A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law

Prosper, Edward Kisioki

A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law

Master Thesis

2014

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

In 2003, Tanzania enacted the new Fair Competition Act which aimed at improving competition in the market. The Fair Competition Act, No 8 of 2003 (FCA) regulates agreements which lessen or weaken competition, cartel conduct, abuse of dominant position, and it also controls the merging of firms. The Act established two regulatory bodies, namely the Fair Competition Commission (FCC) and the Fair Competition Tribunal (FCT). It vested the FCC with multiple powers (investigation, prosecution and adjudication) and the FCT with a final appellate jurisdiction. While concentration of power in the FCC may be cost-saving to government, it is associated with problems on the side of stakeholders particularly on the question of impartiality, since the FCC is likely to be a judge of its own cause. Likewise, the Constitution of Tanzania provides that the judiciary be the final appellate body in administration of justice, but the FCA vested this power in the quasi-judicial body. The dissertation criticises the powers of the FCC and FCT. It comprises five chapters. Chapter one introduces the dissertation by giving the background of competition law in Tanzania, the statement of the problem, research questions, reason for selection of the topic and research methodology.

Description

Includes bibliographical references.

Reference:

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