Fair competition commission Consumer Protection and Competition Highlights Joshua Msoma Tanzania Fair Competition Commission Sixth Annual African Dialogue Conference Lilongwe, Malawi September, 2014

Fair competition commission 2 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.

Fair competition commission 3 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.

Fair competition commission 4 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.

Fair competition commission …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.

Fair competition commission 6 …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 Data Protection Bill Computer and Cyber Crime Bill 2013 and - Mobile Payment Regulations 2013.

Fair competition commission 7 …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.

Fair competition commission 8 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,  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.

Fair competition commission 9 …Current Competition Issues  FCC Online Newsletter

Fair competition commission 10 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.

Fair competition commission 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.

Fair competition commission 12 Director General Fair Competition Commission 2nd Floor, Western Wing, Ubungo Plaza, Morogoro Road, P.O.BOX 7883, Dar es Salaam. TEL: , , , ; FAX: ; WEBSITE: