TUME YA USHINDANI 1 IMPLEMENTATION OF COMPETITION POLICY AND LAW AND ITS BENEFITS IN TANZANIA 13 th FEBRUARY, 2013 By Fair Competition Commission (FCC)

TUME YA USHINDANI 2 OUTLINE i.Introduction:  Scope of Competition policy and Law  Establishment of FCC ii.The role of FCC iii.What FCC has done iv.Challenges v.Conclusion

TUME YA USHINDANI INTRODUCTION: MEANING AND SCOPE OF COMPETITION POLICY AND LAW  Competition in the ordinary sense means a contest between individuals or groups for the purpose of certain gains. contest  Competition = the process of rivalry between business firms for customers.  Competition policy and law protects the competition process and subsequently the consumer. 3

TUME YA USHINDANI Introduction: Establishment of FCC Fair Competition Commission came into operation in Established by Fair Competition Act, 2003 (Act No.8):- What Competition Policy and Law wants to achieve:- Increase economic efficiency in production, distribution and supply of goods and service. Protect consumers. Promote innovation. Maximize the efficient allocation of resources. 4

TUME YA USHINDANI 5 THE ROLE OF FCC  Promote Competition; Competition has three main issues: anti-competitive agreements, mergers and acquisitions and abuse of dominance.  Consumer protection; Consumer rights and obligations, as consumer is docile.  Fight against counterfeit products.  False name or initials in the sale of goods,  False trade descriptions,  Forged and deceptive trade marks.

TUME YA USHINDANI 1. Anti-competitive agreements  Price fixing between competitors  Collective boycott by competitors  Output restrictions between competitors  Collusive bidding and tendering  Market allocation FCC investigates and brings culprits to the law. 6

TUME YA USHINDANI 2. Mergers and Acquisitions  Mergers are of interest where they bring two or more firms that were formerly competitors under common control, thereby substantially increases market concentration or position of dominance.  Companies have to apply and FCC makes economic assessment of the application and can approve, disapprove or approve with conditions.  Applicants can argue on benefits to the public.  Greater efficiency, promoting technical & economic progress, environmental issues, BUT no more than harm. 7

TUME YA USHINDANI 3. Abuse of Dominance  Dominance if attained on merit – no problem, dominant position in a market used to prevent, restrict or distort competition is outlawed.  35% market share in Tanzania means dominant position.  Some of the abuses (misuse of market power)  Predatory pricing - “meet or beat the competition without regard to cost”,  Charging excessive prices, and resale price maintenance.  Price discrimination, refusal to deal, tie-in sales  Exclusive dealing, etc. 8

TUME YA USHINDANI What FCC has done  Advocacy activities-  9 stakeholders’ awareness seminars in regions and special groups (covering competition, consumer and counterfeits issues)  2 Regional Consultative Meetings  95 mergers application have been dealt with.  11 cases have handled  Received and advised redress to consumers regarding various complaints. 9

TUME YA USHINDANI What FCC has done  Conducted radio and television programmes geared towards sensitizing consumers on competition, consumer protection and counterfeit goods.  Consumer basic rights advocated include-  Right to access basic needs  Right to safety  Right to be informed  Right to choice  Right to be heard  Right to redress  Right to health and sustainable environment  Right to consumer education 10

TUME YA USHINDANI What FCC has done  Commission has teamed up with Consumer Consultative Councils of Multi- sectoral Regulatory Authorities into an Inter-consumer Consultative Councils’ Network (Inter-CCC) which focuses its attention on addressing cross-cutting consumer protection challenges. 11

TUME YA USHINDANI What FCC has done  As regards to fighting against counterfeit products:-  Daily inspection at the Port and Inland Containers Depots (ICD) particularly Dar es salaam region.  Upon request from brand owners FCC conducts raids in any part of the country in the mainland Tanzania.  Destruction of the goods and/or bringing to the law the culprits 12

TUME YA USHINDANI Challenges  Economics is important and is the basis for competition analysis, hence FCC needs solid base on sound and robust economic expertise.  Sound economic reasoning leads to proper analysis of the theory of harm. The test of harm is based on evidence provided or established. Hence research and investigative skills necessary both internal and external.  Low Level of Competition Culture (across stakeholders).  Advocacy being key more resources needed. 13

TUME YA USHINDANI Conclusion The attendant benefits of effective implementation of competition include:-  Increased consumer welfare, as consumers are able to purchase goods and services at affordable prices.  Availability of wider choice of goods and services to consumers.  Better quality products at lower price.  Checks hurdles to fair competition  Opportunity for new businesses (removal of barriers to entry). Hence competition is pro-poor and certainly for private sector development. 14

TUME YA USHINDANI 15 Thank You