Fair competition commission

Consumer Protection and Competition Highlights

Joshua MsomaTanzania Fair Competition Commission

Sixth Annual African Dialogue Conference

Lilongwe, MalawiSeptember, 2014

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The Legal Framework - Consumer

Introduction

The Consumer protection issues in Tanzania are stipulated in different pieces of legislation, but the Fair Competition (FCA) Act No 8 of 2003 is the principal jurisdiction that’s oversees the competition and consumer issues.

FCA is two in one Act, with seven parts dedicated to consumer protection. Part III, Part IV, Part V, Part VI, Part VII, Part VIII, and IX.

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The Legal Framework - Competition

FCA, Part II deals with Restrictive trade practices, oversees the unfair market conducts, S.8-14, by prohibiting Anti-competitive agreements, abuse of dominance and Merger and acquisition control.

Apart from FCA, Commission enforces Merchandise Marks Act (MMA, 1963). The objective of MMA is to fight ageist counterfeits products which harm both consumer and competition.

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Current Consumer Protection Issues

Consumer Contracts

FCC has drafted Standard Form Consumer Contract Regulation 2013, which will

govern consumer transaction in line with the Section 36 of the FCA.

Outreach

-Training business community on Self Regulation Policy, warranty and guarantees obligations.

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…Current Consumer Protection Issues– Dissemination and public sensitization

mission through different forums.

– Spearhead the introduction of competition and consumer policy and law programs in the higher learning institutions.

Consumer Policy

FCC in collaboration with Ministry of Trade and other stakeholders are in the final stage of developing National Consumer Protection Policy.

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…Current Consumer Protection Issues On-line consumer transactions initiatives

FCC has actively initiated and participated in the development of laws and regulations aimed at protection consumer in digital era.

- Electronic Transaction Bill 2013.

- Data Protection Bill 2013.

- Computer and Cyber Crime Bill 2013 and

- Mobile Payment Regulations 2013.

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…Current Consumer Protection Issues

Counterfeit Operations

FCC during 2013/2014 conducted several raids as per MMA. During the operations 268 containers were seized.

FCC take the leading role in the Operation WIPE OUT. The operation involved consumer products ranging from infant milk, mobile phones, cosmetics, detergents, printers consumables, pirated CDs, cigarette, fertilizers, building materials, spare parts to gas cylinders.

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Current Competition Issues Injunctive Orders

FCC has issued one injunctive order and several provisional findings to various firms for infringement of the Fair Competition Act (No 8 0f 2003).

Commission has issued three preliminary findings to two firms dealing in milk products, Soap and Detergents respectively on October, 2013.

Investigation FCC has finalized investigation that fall under part III of the act – restrictive trade practices in tobacco, gas and insurance ready for enforcement measures.

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…Current Competition Issues

FCC Online Newsletter

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Emerging Challenges

Competency based knowledge and skills in investigation and evidence gathering pertaining to conducts that’s violate consumers rights.

Infringement of consumer rights as a result of digital marketing, which lack clear legislations.

Lack of proper cross border corporation and enforcement mechanism in enforcing consumer protection and competition.

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Recommendations Training/attachments and study tours

opportunities among consumer and competition agencies in order to learn from each other experiences and expertise.

Improving cross border corporation and enforcement mechanism in enforcing cross border consumer protection and competition.

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Director GeneralFair Competition Commission2nd Floor, Western Wing, Ubungo Plaza, Morogoro Road,P.O.BOX 7883,Dar es Salaam.TEL:+255222461565, 2461566, 2461568,

2461569; FAX:+255 222461567;E-MAIL: info@competition.or.tz,WEBSITE: www.competition.or.tz