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Investigative Plan - Competition

Investigative Plan - Competition. Joshua Msoma Tanzania Fair Competition Commission Sixth Annual African Dialogue Conference Lilongwe, Malawi September, 2014. Developing Investigative plan. Introduction

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Investigative Plan - Competition

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  1. Investigative Plan - Competition Joshua Msoma Tanzania Fair Competition Commission Sixth Annual African Dialogue Conference Lilongwe, Malawi September, 2014

  2. Developing Investigative plan Introduction Powers of the Commission to obtain information are stipulated in the Fair Competition Act, No.8 of 2003, under S.71 and Fair Competition Commission Procedure Rules 13 of 2013. Written request for information Under Rule 13(1) The Commission may, with or without summons, require a person to provide all necessary information.

  3. …Developing Investigative plan Rule 13(2) Under this Rule, among other things, the Commission shall: State the legal basis and the purpose of the request. Fix the time for the information to be provided. Specify the penalty for the supply of incorrect/misleading information (simple request). In case of summons - Specify the prescribed penalty for the supply of incorrect/misleading information and for not complying with summons.

  4. …Developing Investigative plan • Powers to enter and Search • Section 71 (5) and Rule 14 -16 avail powers to the Commission to conduct a search, after applying a searching warrant from the Fair Competition Tribunal. • Privileged information • Fair Competition Commission Procedure Rule 16 (6) stipulate how privileged communications will be handled.

  5. Restrictive Trade Practices • Investigating competition violation falls under Part II of FCA, specifically in S. 8 – 14: • Anti-competitive agreements. • Abuse/Misuse of market power. • Mergers and acquisitions. Elements of Infringements for Investigations

  6. Initiation of a Complaint Section 69 (1) and (2) FCA The Commission may initiate a complaint against an alleged prohibited practices. Any person may submit information concerning an alleged prohibited practices to the Commission in any manner, or form or in the prescribed form by the Commission.

  7. Tips - Investigation of Complaints Rule 10 – 12 For complaints lodged at the Commission, they are first assessed in the screening unit to ascertain whether it falls under Commission jurisdiction. Where the screening unit is of the opinion that there is a case to answer the investigation will be commissioned.

  8. …Tips - Investigation of Complaints Procedure under Rule 17 (1) – (4) Preparation of investigation plan for the alleged conduct under the guidance of the screening unit. Rule 17(1)-(4) The Commission conducts its hearing in an “inquisitorial” procedure, which means the hearing is also part of investigation process

  9. Tips – Investigation Plan Matrix Table 1. Investigation Plan Table 2. Implementation of Investigation Plan

  10. Table 1 – Investigation Plan

  11. Table 2. Implementation of Investigation Plan

  12. Issuance of Provisional findings and Reply Rule 18, 19 and 20 • The Commission will issue a provisional findings to the respondent requiring the respondent to make written representation within specified period. • The Commission will spell out the proposed remedial action that may be implemented through: • Compliance orders/agreements or • Compensatory orders or • Fines.

  13. Proposed Remedy/Process Agreement/ Settlement. Negotiation for settlement. Objection of provisional findings (Rights to Appeal to FCT)

  14. Asanteni Thank you

  15. Director General Fair Competition Commission 2nd 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

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