Fair Competition Tribunal
- Energy and Water Utilities Regulatory Authority (EWURA)
- Surface and Marine Transport Regulatory Authority (SUMATRA)
- Tanzania Communication Regulatory Authority (TCRA)
- Tanzania Civil Aviation Authority (TCAA); and
- Any other such regulatory authority established by law.
The Fair Competition Tribunal (FCT) is a specialised and independent quasi judicial organ which is established under section 83 (1) of the Fair Competition Act No. 8 of 2003. The Tribunal was established as an appellate body to expeditiously adjudicate appeals that arise from the decisions and orders of the Fair Competition Commission (FCC) and the regulatory authorities in the utilities and infrastructure sectors namely:
To become the best appellate body in competition and regulatory matters in Africa
To deliver timely justice on competition and regulatory appeals for enhanced market efficiency and consumer welfare
The philosophical priorities and beliefs of the Tribunal are based on speed of delivery, excellence and conduct. This philosophy forms the basis of the core values of the Tribunal which are timely justice; impartiality; professionalism; efficiency and effectiveness; and responsiveness.
The main priorities of the Tribunal are adjudication of cases; capacity building; and stakeholders’ awareness. These are combined with other two which are national crosscutting priorities namely good governance and HIV/AIDS awareness and control to form five priorities.
The Tribunal has judicial powers similar to those of the High Court of Tanzania when dealing with any appeal or application. Such powers include confirming, reversing or varying the decision of FCC or the relevant regulatory body; remit the proceedings to the relevant regulatory body with such directions as may be appropriate; order the relevant regulatory body to conduct fresh proceedings; and make any necessary incidental or consequential orders. Also the Tribunal is vested with powers to execute its own decisions and orders.
Composition and Appointments
The Tribunal is composed of the Chairman, six Members, Registrar and Staff. The Chairman of the Tribunal is appointed by the President of the United Republic of Tanzania from amongst the Judges of the High Court of Tanzania after consultation with the Chief Justice. The President also appoints the six Members after consultation with the Attorney General. Both the Chairman and Members of the Tribunal are appointed for a term of three years and may be re-appointed for another three years. The Chairman and six Members are responsible for adjudication of cases only and work on part time basis.
The Registrar of the Tribunal is appointed by the Minister of Industry and Trade after consultation with the Chief Justice. He/She is the accounting officer and overall in charge of all the day-to-day administrative functions of the Tribunal. The Registrar is assisted by three heads of department which include Head of Legal Affairs, Head of Economic Affairs and Head of Finance and Administration Affairs. The Head of Legal Affairs is also the Legal Advisor to the Tribunal on judicial matters. The Head of Economic Affairs department is also Economic Advisor to the Tribunal on judicial matters in respect of economic aspects and industry matters. The Head of Finance and Administration is responsible for finance, human resource management and development, information and communication technology (ICT), budgeting and budgetary control and general administrational functions.
Nature of Appeals that are heard by the Tribunal
The appeals that are brought before the Tribunal are generally emanating from competition and regulatory processes. The nature of the processes can be arranged in four categories as follows:
i) Appeals arising from unfair competition among suppliers of goods/services in the general market and/or appeals arising from unfair competition among the buyers of goods/services in the general market.
Disputes among suppliers and disputes among buyers in the unregulated markets are decided at first instance by the FCC. The party aggrieved by the decision of the FCC has the right of appeal to the Tribunal.
ii) Dispute arising from unsatisfactory regulatory decision made by regulatory authority at a relevant regulated industry
Service provider or consumer who has suffered damage or who is likely to suffer damage as a result of unsatisfactory regulatory decision made by a regulatory body may complain to such a regulatory body which accordingly will decide at first instance. The aggrieved party has the right of appeal to the Tribunal.
iii) Dispute arising from poor services rendered by a service provider and related matters
Consumers of services who have suffered damage as a result of poor services rendered by a service provider or any matter related thereto may complain to the regulatory authority of the respective industry which will decide, at first instance. The aggrieved party has the right of appeal to the Tribunal.
iv) Dispute arising from distribution or supply of counterfeit product in the market
Tanzania prohibits importation, distribution and supply of counterfeit or fake products. Fair Competition Commission among other things, is charged with fighting counterfeit products in the country. As such, anyone who is involved with counterfeit product and is aggrieved with the steps taken by the Commission to restrain counterfeit products has the right to appeal to the Tribunal.
PROCEEDINGS OF THE TRIBUNAL
The Fair Competition Act 2003, governs the proceedings of the Tribunal. In addition, the Tribunal has promulgated its own rules of procedures which have been published as Government Notice No. 219 of 2012. The 2012 rules revoked the old FCT rules, 2006 which had a number of shortfalls. The Tribunal Rules 2012, allow the appellant to present himself/herself before the Tribunal during proceedings. Also, there is a right of representation by an Advocate or Agent in the proceedings of the Tribunal. The judgments of the Tribunal are available in the public register maintained by the Registrar and in the Tribunal website. The Tribunal does not have office branches in the country therefore when dealing with appeal cases, it may sit anywhere within Tanzania Mainland.
The postal address of the Tribunal is as follows:
Fair Competition Tribunal,
P.O. Box 79650,
DAR ES SALAAM, TANZANIA
Tel: +255 22 246 1173/75
Fax : +255 22 246 1174
The physical address of the Tribunal’s offices is as follows:
9th Floor, UbungoPlaza Complex,
Ubungo, DAR ES SALAAM,