Concurrent Jurisdiction in Competition Law Enforcement in Tanzania with Some Lessons from the United Kingdom and South Africa

Abstract

The enactment of concurrent jurisdiction between theFair Competition Commission and the economicregulatory authorities in Tanzania after adoption ofmarket economy principles in economic managementwas not an anomaly but a necessary undertaking. Thispaper attempts to show that the fact that competitionauthorities use different rules from those used byregulatory authorities both sets of institutions canfacilitate competition. The concurrent jurisdictionguidance provided in the laws governing the existingeconomic regulatory institutions provide that where twolegally mandated institutions coincide in dealing with anissue, no law overrides the other unless it is expresslystated in the relevant legislation. In such a situation theissue is referred to the Minister.The paper ' s main suggestion is that concurrentjurisdiction in the Acts presupposed a single oversightMinistry for both FCA and regulatory authorities which iscurrently not the case in Tanzania today. Drawinglessons from similar authorities in the United Kingdomand South Africa, this paper has proposed that Tanzania should establish a Tanzania Competition Network (TCN)to act as forum for cooperation between FCC, economicregulatory authorities and Government officialsresponsible for competition and regulatory issues.Key Words: Competition, concurrent jurisdiction, competitionauthorities, oversight Ministry, economic regulatoryauthorities.