Competition Law and Anti-Trust Law Advisory

The Fair Competition Act and the Fair Competition Commission (FCC) shape how businesses in Tanzania can grow, price, contract and combine. FIN & LAW advises local and multinational clients on every dimension of competition law - from merger clearances to conduct compliance and defence in enforcement proceedings.

We prepare and file merger notifications with the FCC and the COMESA Competition Commission where regional thresholds are engaged, manage the review process and negotiate conditions where required. On the conduct side, we advise on distribution and agency agreements, pricing practices, exclusivity arrangements and the risks of abuse of dominance.

When investigations arise, we represent clients before the FCC and the Fair Competition Tribunal, managing dawn-raid response, leniency considerations and settlement strategy with discretion and rigour.

What We Do

• Merger notifications and clearances before the FCC and COMESA
• Competition risk assessment of distribution, agency and supply agreements
• Abuse-of-dominance and restrictive-trade-practice advisory
• Cartel investigations, dawn-raid response and leniency strategy
• Representation before the Fair Competition Commission and Tribunal
• Consumer protection compliance under the Fair Competition Act
• Competition compliance programmes and staff training
• Cross-border coordination with regional competition regulators

Typical Matters

• Merger notification and clearance before the Fair Competition Commission
• Advisory on restrictive trade practices, abuse of dominance and anti-competitive agreements
• Competition compliance programmes and audits
• Representation in investigations and proceedings before the Fair Competition Commission and the Fair Competition Tribunal
• Advisory on consumer protection and fair-trading obligations
• Review of distribution, agency and supply arrangements for competition compliance

Frequently Asked Questions

What is competition or anti-trust law concerned with?

Competition law aims to protect the market and consumers from practices that unfairly restrict competition, such as price-fixing, abuse of a dominant market position, and anti-competitive agreements between businesses. It promotes fair markets and consumer choice.

When does a merger need regulatory approval?

Mergers and acquisitions that meet certain thresholds generally require notification to and clearance from the competition regulator before they are completed. Proceeding without required clearance can lead to penalties or unwinding of the transaction.

What is an abuse of dominance?

A business with substantial market power may breach competition rules if it uses that position to harm competition, for example through predatory pricing or exclusionary conduct. Holding a large market share is not itself unlawful; the concern is with how that position is used.

How can businesses reduce competition-law risk?

Practical steps include training staff on what may and may not be discussed with competitors, reviewing distribution and pricing arrangements, and seeking advice before mergers or joint ventures. Early compliance is far cheaper than defending an investigation.