The Fair Competition Act
This section lists the Minister’s powers and functions for the Commission and Council, including appointments, receiving reports and budgets, directing inquiries, requesting audits and budget assessments, laying reports before the National Assembly, and making regulations.
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- Tanzania
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- Act or statute
- Citation
- The Fair Competition Act
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- en
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Statute overview
About this statute
This section lists the Minister’s powers and functions for the Commission and Council, including appointments, receiving reports and budgets, directing inquiries, requesting audits and budget assessments, laying reports before the National Assembly, and making regulations. The Minister may make regulations, after consulting the Commission or Tribunal, if the regulations are consistent with the Act and intended to give effect to it. The Commission may make rules or orders, so long as they are not inconsistent with the Act. Employees from the former Fair Competition Commission who join the Commission keep no worse employment terms, and some service and pension arrangements continue. This section repeals the Fair Competition Act.
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Provisions of The Fair Competition Act
Showing 18 of 18
Part
PART XVI
- 98 Verify source ↗
Functions of Minister
This section lists the Minister’s powers and functions for the Commission and Council, including appointments, receiving reports and budgets, directing inquiries, requesting audits and budget assessments, laying reports before the National Assembly, and making regulations.
98. The functions and powers of the Minister are- (a) to appoint members of the Commission other than the Chairman as provided for under section 63; (b) to receive reports of any conflicts of interest by the Chairman or other members of the Commission as provided for under section 67; (c) to direct the Commission to conduct an inquiry under section 69; (d) to request performance audits of the Commission as provided for under section 81; (e) to receive the Annual Reports of the Commission and cause a copy to be laid before the National Assembly under section 82; (f) to receive the budgets of the Commission and request assessments of the budgets under section 83; (g) to appoint members to the Council, to receive annual reports and budgets of the Council and to request assessments of the budgets under section 96; and (h) to make regulations under section 99. [s. 97] Regulations - 99 Verify source ↗
Regulations
The Minister may make regulations, after consulting the Commission or Tribunal, if the regulations are consistent with the Act and intended to give effect to it.
99. The Minister may, in consultation with the Commission or Tribunal, make regulations not inconsistent with this Act as he considers necessary or desirable to give effect to the provisions of this Act. [s. 98] 460 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE FAIR COMPETITION ACT [CAP. 285 R.E. 2023] Rules Rights of employees - 100 Verify source ↗
Rules
The Commission may make rules or orders, so long as they are not inconsistent with the Act.
100. The Commission may make rules or orders not inconsistent with this Act with respect to- (a) matters referred to in the Act as matters on which the Commission may make rules or orders; and (b) such other matters as the Commission considers necessary or desirable to give effect to this Act. [s. 99] - 101 Verify source ↗
Rights of employees
Employees from the former Fair Competition Commission who join the Commission keep no worse employment terms, and some service and pension arrangements continue.
101.–(1) The terms and conditions of employment of any employee or staff from the former Fair Competition Commission who joins the Commission through a competitive recruitment process established in terms of section 63 and 73 shall not be less favourable than those enjoyed by that employee immediately prior to the date on which he joined the service of the Commission. (2) The service of any employee or staff of the former Fair Competition Commission who joins the service of the Commission shall be deemed to be continuous with the Fair Competition Commission or with any respective Ministry, public institution. (3) An employee or staff of the Fair Competition Commission whose service does not continue with the Commission and where such employee or staff is a member of any statutory, voluntary pension or other superannuate benefits scheme prior to such termination, such employee or staff shall be paid terminal benefits in accordance with the laws and regulations governing such scheme immediately before such termination. (4) Where an employee or staff of the former Fair Competition Commission is not absorbed by the Commission he may be transferred to any other Ministry or public institution, and his service shall be deemed to be continuous and if he was a member of any statutory, voluntary pension or any other superannuate scheme, such employee shall continue to be governed by the same laws and regulations governing such scheme and the employer shall contribute to such scheme accordingly. 461 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE FAIR COMPETITION ACT [CAP. 285 R.E. 2023] (5) Where an employee or staff whose service with the Fair Competition Commission is deemed to be continuous is a member of any statutory, voluntary pension or any other superannuate scheme, such employee shall continue to be governed by the same laws and regulations governing such scheme and the Commission shall contribute to such scheme accordingly. (6) This section shall not operate so as to create an entitlement for any employee or staff of the Fair Competition Commission to become employees or staff of the Commission. [s. 101] - 102 Verify source ↗
Repeal
This section repeals the Fair Competition Act.
102. [Repeals the Fair Competition Act] [s. 102] - 103 Verify source ↗
Savings and transition provisions
Existing rules, certificates, and acts made under the repealed Fair Competition Act keep their force until changed under this Act; related property, rights, and liabilities of the Commissioner of Trade Practices vest in the Commission.
103.–(1) Notwithstanding the repeal of the Fair Competition Act, any rules, regulations, certificates or anything done under the repealed Act or made immediately before the commencement of this Act shall continue to have force until amended or revoked or otherwise dealt with under this Act. (2) The property, rights and liabilities to which the Commissioner of Trade Practices was entitled or subject immediately before and after the commencement of this Act shall vest in the Commission. [s. 100] PART XVII CONSEQUENTIAL AMENDMENTS Repeal Act No. 4 of 1994 Savings and transition provisions Act No. 4 of 1994 Omitted
Part
PART XVII
- 104 Verify source ↗
155. [Omitted]
This excerpt is marked omitted and does not include operative rules.
104.–155. [Omitted] [s.103-154] 462 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE FAIR COMPETITION ACT [CAP. 285 R.E. 2023] FIRST SCHEDULE (Made under sections 63(1)(2) and 84(4)(b)) THE NOMINATION COMMITTEE Composition of Committee - 1 Verify source ↗
Short title
The Nomination Committee must have three members, with the chair depending on whether appointments are for the Commission or the Tribunal.
1.–(1) The Nomination Committee shall consist of three members, namely- (a) the Permanent Secretary of the Ministry responsible for the Commission in the case of appointments to the Commission, or the Permanent Secretary of the Ministry responsible for Justice in the case of appointments to the Tribunal, as the case may be, who shall be the Chairman of the Committee; and (b) two other persons appointed by the Minister, in the case of appointments to the Commission, or by the Attorney General in the case of appointments to the Tribunal, as the case may be, one nominated by a body recognised as being representative of private sector and one nominated by a body recognised as being representative of consumers. (2) In proposing names of persons for appointment to the Nomination Committee, the body representing the private sector and the body representing consumers shall strive to select persons with relevant knowledge, sound integrity and probity who do not have conflicts of interest. Functions - 2 Verify source ↗
3. Object of Act
The Nomination Committee must nominate people for appointment as a Commission member, the Director General, or a Tribunal member.
2. The function of the Nomination Committee shall be to nominate persons for appointment as- (a) member of the Commission; (b) Director General of the Commission; or (c) member of the Tribunal. Nomination of members of Tribunal - 3 Verify source ↗
Object of Act
The Nomination Committee must submit specified numbers of names to the Attorney General or the Minister for onward consideration for appointment.
3.–(1) The Nomination Committee shall submit to the Attorney General twelve names of persons to be forwarded to the President by the Attorney General to be considered for appointment as members of the Tribunal. (2) The Nomination Committee shall submit to- (a) the Minister, three names of persons to be forwarded to the President by the Minister to be considered for appointment as Chairman; (b) the Minister, six names of persons to be considered for appointment as members of the Commission; (c) the Minister, three names of persons to be considered for appointment as the Director General of the Commission. Meetings of Committee - 4 Verify source ↗
Bodies corporate under common control to be regarded as single
The Nomination Committee must meet when needed, the Chairman convenes meetings, invited non-members may take part in deliberations but cannot vote, and proper minutes must be kept and confirmed at the next meeting.
4.–(1) The Nomination Committee shall meet as often as there arises the need for exercise of the function of the Committee. 463 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE FAIR COMPETITION ACT [CAP. 285 R.E. 2023] (2) Meetings of the Committee shall be convened by the Chairman and at such places and times as the Chairman may specify in the notice of the meeting. (3) The Chairman may on his own motion, and shall, if requested in writing in that behalf by at least one of the other members, convene a meeting of the Committee. (4) The Committee may invite any person who is not a member to participate in the deliberations of the Committee, but any person so invited shall have no vote at the meeting. (5) A quorum at a meeting of the Committee shall be Chairman and two other members. (6) Minutes in proper form of each meeting of the Committee shall be kept and shall be confirmed by the Committee at its next meeting. Nominations - 5 Verify source ↗
Competition in markets and dominant position in market
The Committee’s nominations must be in writing and signed by the Chairman and one other member.
5. Nominations by the Committee shall be in writing signed by Chairman and one other member. Proceedings not invalidated by irregularity - 6 Verify source ↗
Application of Act to Mainland Tanzania, state bodies and
A Committee act or proceeding is not invalid just because a member’s appointment was defective or irregular, or because a person acting as a member was later found disqualified or not entitled to act.
6. An act or proceeding of the Committee shall not be invalid by reason of any defect or irregularity in the appointment of any member or by reason that any person who purported bona fide to act as a member at the time of the act or proceeding was in fact disqualified or not entitled to act as a member. Absence from three consecutive meeting - 7 Verify source ↗
Extra-territorial operation
If a member misses three consecutive Committee meetings without sufficient cause, the Committee must notify the Minister or Attorney General, who may end the member’s appointment and replace them. The Committee may also regulate its own proceedings.
7. Where any member absents himself from three consecutive meetings of the Committee without sufficient cause, the Committee shall advise the Minister or the Attorney General, as the case may be, of the fact and the Minister or the Attorney General may terminate the appointment of the member and appoint another member in his place. Committee may regulate its own proceedings - 8 Verify source ↗
Anti-competitive agreements
The Committee may regulate its own procedure for meetings and for conducting its business, subject to the Act.
8. Subject to this Act, the Committee shall have power to regulate its procedure in relating to its meetings and transaction of its business. SECOND SCHEDULE (Made under section 62(8) QUALIFICATIONS AND FUNCTIONS OF THE DIRECTOR GENERAL Qualifications - 1 Verify source ↗
Short title
A person appointed as Director General must meet the listed qualifications, including being a university graduate, having at least 10 years’ experience, and satisfying the Board on conflicts of interest and suitability.
1.–(1) A person appointed as the Director General shall- (a) be graduate of a recognised university; (b) possess at least ten years experience in one or more of the fields of management, law, economics or finance; (c) satisfy the Board that he is unlikely to have a conflict of interest under section 66; (d) be willing to serve as the Director General; 464 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE FAIR COMPETITION ACT [CAP. 285 R.E. 2023] (e) be in the opinion of the Board otherwise well suited to perform the functions and duties of Director General competently and honestly. - 2 Verify source ↗
3. Object of Act
The Director General must also serve as Chief Executive Officer of the Commission and must not take any other paid job.
2. The Director General shall also be the Chief Executive Officer of the Commission and shall not engage in any other paid employment. - 3 Verify source ↗
Object of Act
The Director General is responsible for the Commission’s day-to-day operations, subject to the Board’s directions.
3. The Director General shall be responsible for the day to day operations of the Commission subject to the directions of the Board. Director General to be Chief Executive Officer Responsibilities 465 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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