Complaints from companies
If you think that competition has been damaged by other companies in a market in which you operate, tell the Commission. They may be able to remedy the situation. They may also be able to compensate you if you have suffered financially from the practices of other companies.
Points to bear in mind: -
(a) The law covers all sorts of agreements and commercial practices (including mergers) â€“ anything that may harm competition, but there are a few exceptions when it comes to agreements.
(b) The law does not apply to any agreements that:
- only affect sales abroad
- relate to employment or
- require adherence to technical standards
(c) It is competition that matters. The test is harm to competition rather than harm to competitors . Examples of harm to competition would be a higher price level in the market; the prevention of innovation or restricting the growth of the market. Harm suffered by competitor counts only in terms of any contribution it might have made to the process of competition itself
(d) Market shares are important. Companies will not generally be seen as capable of â€˜harming competitionâ€™ if their market share is less that 35 per cent. But bear in mind that defining the market for the purpose of competition analysis may not always be straightforward
(e) Some practices are always bad. For some practices there is no need for the Commission to prove harm to competition. These practices will always be unlawful:
- price fixing
- collective boycott
- agreed output restrictions
- collusive bidding or tendering
If you think that competition has been damaged in a market of which you have some experience, tell the Commission. They may be able to remedy the situation.
Points you need to bear in mind:-
(a) Is your complaint about competition or consumer protection? It may, for example, be about a company not dealing fairly with consumers. This would be a matter of consumer protection and not competition. In that case you would need to take your complaint to the consumer affairs authorities. Only if your complaint is really about competition should you take it to the Fair Competition Commission.
(b) Before taking a competition complaint to the Commission it is bets to take a moment to consider the way in which the Commission will look at the case. You will then be able to make your point in the most effective way. The Commission's procedures are set out in the booklet Guidance on the Competition Law.
You may also find the information in the previous section (for businesses) useful.
Contacting the Commission
If you are thinking of making a complaint, it is usually best to talk it over with a Complaint and Consumer Officer at the Fair Competition Commission at the address and telephone below, before sending anything in writing.
Types of Complaints:
1. Consumer protection
2. Competition complaints
You can, however, contact the Commission by email or letter at:
Fair Competition Commission,
2nd Floor, Western Wing, Ubungo Plaza, Morogoro Road,
Dar es Salaam,
Appeals are forwarded to the Fair Competition Tribunal at the following address:
Fair Competition Tribunal
Ubungo Plaza, floor 7,
P. O. Box 79650
DAR ES SALAAM
TEL (+225 22) 2461173/74