COURSE TITLE: LAW 330 - COMPETITION LAW

COURSE AIM
Generally this course aims at exposing students to the understanding of
the regulatory authority and their functions in the open market
economy. Specifically the course aims on the following:
a) To expose students on the need of the regulatory authorities in the
open markets
b) To acquaint students with the legal aspects of regulating the
market in the open market economy
c) To enable students understand principles governing competition
law
d) To enable students understand interaction of competition law and
the law of confidence
e) To enable students understand the principles governing consumer
protection in open market

COURSE EXPEFTED LEARNING OUTCOMES

At the end of this course students are expected to be able to:
a) Explain the principles governing competition in Tanzania
b) Explain why regulatory authorities are important in the market
driven economy
c) Explain how customers’ interest are protected under the existing
legal framework of the regulatory authority
d) Describe the legal framework of the regulatory authority in
Tanzania
e) Explain how the regulatory agencies operates in Tanzania
f) Advise clients on any legal disputes relating to unfair trade
practices or violation of consumer rights
g) Appreciate the challenges brought by ICT in regulation of
competition law and consumer protection

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COURSE STATUS: Elective
CREDIT RATING: 10
TOTAL HOURS SPENT: 100 Hours per Semester

COURSE CONTENT
1. Introduction
1.1 Concept of Competition
1.2 Concept of Competition Law
1.3 General Theories of Competition Law
1.4 Historical background of Competition law in Tanzania
1.5 Objectives of Competition law
1.6 Importance of Competition Law
2. The Legal and Institutional Framework for Competition Law in
Tanzania
2.1 Introduction
2.1.1 Concept of Legal Framework
2.1.2 Concept of Institutional Framework
2.2 Sources of Competition Law
2.2.1 Legislations Regulating Competition Law in Tanzania
2.3 Institutional framework
2.3.1 Regulatory Authorities
3. Scope of Application of Competition Law
3.1 Introduction
3.2 The Areas of Concerns in Competition Law
3.3 Competition Law and Restrictive Trade Practices
3.3.1 Licensing, Abuse of dominance and arrangements
between competitors
3.3.2 Unfair Trade Practices
3.4 Monopoly and Economic Nationalism
3.4.1 State and local monopolies
3.4.2 Economic nationalism, national security and free market
economy
3.4.3 Merger and Acquisitions
3.5 What the Law Allows and what it Prohibits
3.6 Remedies and Penalties

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 4. Consumer Protection
4.1 Introduction
4.1.1 Concept of Consumer
4.1.2 Concept of Consumer Protection
4.2 Legal Framework for Consumer Protection in Tanzania
4.2.1 Laws Governing Consumer Protection
4.2.2 Consumer Advocacy Bodies in Tanzania
4.2.3 Protection of Consumers in Electronic Devices and Online
Shopping
4.3 Principles Governing Consumer Protection
4.4 Consumer Protection Models
4.5 Rights and Duties of Consumers
4.6 The link between Competition Law and Consumer Protection
5. Competition Law and the Law of Confidence
5.1 Introduction
5.1.1 Law of Confidence
5.1.2 Trade Secrets
5.2 The Nature and Origin of the Law of Confidence
5.3 The Rights protected under the Law of Confidence
5.4 The Elements of the Law of Confidence
5.5 Relationship between Law of Confidence and Competition
Law
6. Internationalisation of Competition Law and Policy
6.1 Introduction
6.1.1 Concept of Internationalization of Competition Law and
Policy
6.1.2 Major Actors in Internationalisation Process
6.2 Methods of Internationalization of Competition Law and
Policy
6.2.1 Unilateral, Bilateral and Multilateral Strategies
6.2.2 Harmonizing Rules of Developing Countries and those of
Developed Countries
6.3 Advantages of Internationalization of Competition Law and
Policy
7. Dispute Settlement Mechanism
7.1 Introduction
7.1.1 Dispute Settlement
7.1.2 Dispute Settlement Mechanism
7.2 Organs with Competent Jurisdiction
7.3 Who can Lodge a Complaint?

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 7.4 Procedures of Lodging Complaints
7.5 Types of Remedies
7.6 Enforcement of Orders or Decisions

TEACHING AND LEARNING ACTIVITIES

Lectures, seminars, and independent study

ASSESSMENT METHODS
Assessment and Evaluation of the course will be through Assignments,
Presentations, Controlled Tests, and End of Semester Examinations as
per Mzumbe University Student Assessment Criteria By-Laws.
READING LIST
Agnew, J.H (1985) Competition Law, London, M&E Printing Publishing.
Anantharaman, K.S. (2005) Lectures on Company Law & Competition Act
(Including Secretarial Practice)
Bloch E. R et al (2005) A comparative analysis of Article 82 of the EC
Treaty and section 2 of the Sherhan Act, Wettbewrbsrecht.
Brealey, R. & S. Myers, (1996) “Principles of Corporate Finance” London,
McGraw Hill.
ESRF, (2002), Competition Law and Policy: A Tool for Development in
Tanzania, Jaipur, Jaipur P. Ltd.
UNCTAD, (2007), Model Law on Competition: UNCTAD Series on Issues
in Competition Law and Policy, United Nations, New York
UNCTAD, (2012), Voluntary Peer Review of Competition Law and Policy:
United Republic of Tanzania, United Nations, New York
Wish, R. (2003) Competition Law, 5th Ed., Cambridge University Press,
London
Gustavo, G., (2010), Innovation, Competition and Consumer Welfare in
Intellectual Property Law, Chaltenham, Edward Elgar.
Hylton, K. N (2003) Antitrust Law; Economic Theory & Common Law
Evolution, London, Combridge University Press.
Jorg, P. T., (2011), International Competition Enforcement Law
Between Cooperation and Convergence, Springer.
Kaith Abbol etal (2007) Business Law, London, Thomson Learning Emea.

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Katarzyna, C., (2009), Intellectual Property and the Limits of Antitrust:
A Comparative Study of US and EU Approaches, Edward Elgar,
Chaltenham
Kuanchin, C., & Adam, F., (2009), Online Consumer Protection: Theories
of Human Relativism, Information Science reference, Hershey
Livingston D & J. Scott, (1995) Competition Law and Practice, London,
Sweet and Maxwell.
Lucchi, N., (2006), Digital Media & Intellectual Property: Management
of Rights and Consumer Protection in a Comparative Analysis,
Springer
Maher, M. D., (2003), The Internationalisation of Antitrust Policy,
Cambridge, Cambridge University Press.
Motta, M. (2004), Competition Policy –Theory and Practice, Cambridge
Peter, C., (2004), Consumer Protection and the Criminal Law: Law,
Theory and Policy in the UK, Cambridge, Cambridge
University Press.
Trotman, D. M & Firth, A. The Law of Monopolies; Competition Law and
Practice in the USA, EEC, GR and the UK.
Tu, T. N., (2010), Competition Law, Technology Transfer and the TRIPS
Agreement: Implications for Developing Countries, Chaltenham,
Edward Elgar.
Winn, J. K., (ed), (2006), Consumer Protection in the Age of the
‘Information Economy, Hampshire, Ashgate eBook.

NO. OF
SHELFMARK AUTHOR TITLE COPIES
343.071 CHA CHAUDHARY,R.N.P. Consumer protection law 2
343.071 EPS EPSTENI,D Consumer law in a nutshell 1
Consumer protection
343.071 ERA ERAD,V.B jurisprudence 1
Consumer protection law
343.071 JAI JAIN,N K and practice 2

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 343.071 MPA MPAKA CHRISTINE Consumer protection 2
343.071 MYN MYNENI,S R Consumer protection law 3
Nutshell:consumer law
343.071 SIL SILBERSTEIN,S 5th.ed. 1
Woodroffe and Lower's
343.071 WOO WOODROFFE,G consumer law 1
The restraint of trade
343.0723 HEY HEYDON,J.D doctrine 4
343.24072
GER GERADIN,D Compition law…. 2004 4
343.42071
MAC MACLEOD,J Consumer sales law 1
343.70994 SCHNEIDER, Gary Electronic commerce: the
SCH P. second wave 1
343.940721
CLA CLARKE, P Competition law and policy 1
341.753 WHI WHISH R Competition law 1

LIST OF STATUTES
The Bank of Tanzania Act, Act No. 4 of 2006
The Banking and Financial Institutions Act, Act No. 5 of 2006
The Civil Aviation Act, Cap 80 R.E 2006
The Companies Act, No. 12 of 2002
The Copyright and Neighbouring Act, 1999
The Cybercrimes Act, Act No. 4 of 2015
The EAC Competition Act. 2006
The EAC Competition Regulations, 2010
The Electricity Act, Act No. 10 of 2008
The Electronic and Postal Communications (Consumer Protection)
Regulations, 2011
The Electronic Transactions Act, Act No. 6 of 2015
The Energy and Water Utilization Regulatory Authority Act, Act No. 11
of 2011
The Fair Competition Act Number 8 of 2003

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The Fair Competition Commission Procedure Rules, 2013
The Fair Competition Tribunal Rules, 2012
The Industrial and Consumer Chemicals (Management and Controls) Act,
2003
The Law of Contract Act [Cap 345, R.E 2002]
The Occupational Health and Safety Act, 2003
The Petroleum Act, Act No. 4 of 2008
The Public Health Act, Act No. 1 of 2009
The Sale of Goods Act, Cap. 214 R.E. 2002
The Special Economic Zones Act, Act No. 2 of 2006
The Standard Form (Consumer Contracts) Regulations, 2014
The Standards Act, Act No. 2 of 2009
The Surface and Marine Transport Regulatory Authority Act, Act No. 9 of
2001
The Tanzania Communications Regulatory Authority Act, Act No. 12 of
2003
The Tanzania Food, Drugs and Cosmetics Act, 2003
The Tanzania Trade Development Authority, Act No. 4 of 2009
The UNESCO National Commission Act, Act No. 7 of 2008
The Universal Communications Service Access Act, Act No. 11 of 2006
The Water Supply and Sanitation Act, Act No. 12 of 2009
The Weights and Measures Act,