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A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867613161131081728 |
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| access_status_str | Open Access |
| author | Prosper, Edward Kisioki |
| author2 | Kelly, Luke |
| author_browse | Kelly, Luke Prosper, Edward Kisioki |
| author_facet | Kelly, Luke Prosper, Edward Kisioki |
| author_sort | Prosper, Edward Kisioki |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/9159 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:43.046Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/9159 A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law Prosper, Edward Kisioki Kelly, Luke Davis, Dennis Includes bibliographical references. In 2003, Tanzania enacted the new Fair Competition Act which aimed at improving competition in the market. The Fair Competition Act, No 8 of 2003 (FCA) regulates agreements which lessen or weaken competition, cartel conduct, abuse of dominant position, and it also controls the merging of firms. The Act established two regulatory bodies, namely the Fair Competition Commission (FCC) and the Fair Competition Tribunal (FCT). It vested the FCC with multiple powers (investigation, prosecution and adjudication) and the FCT with a final appellate jurisdiction. While concentration of power in the FCC may be cost-saving to government, it is associated with problems on the side of stakeholders particularly on the question of impartiality, since the FCC is likely to be a judge of its own cause. Likewise, the Constitution of Tanzania provides that the judiciary be the final appellate body in administration of justice, but the FCA vested this power in the quasi-judicial body. The dissertation criticises the powers of the FCC and FCT. It comprises five chapters. Chapter one introduces the dissertation by giving the background of competition law in Tanzania, the statement of the problem, research questions, reason for selection of the topic and research methodology. 2014-11-05T03:53:51Z 2014-11-05T03:53:51Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/9159 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Prosper, Edward Kisioki A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law |
| thesis_degree_str | Master's |
| title | A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law |
| title_full | A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law |
| title_fullStr | A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law |
| title_full_unstemmed | A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law |
| title_short | A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law |
| title_sort | critique on the investigation and adjudication powers of the fair competition commission and finality clause of the fair competition tribunal in tanzania a reflection from jamaican and south african competition law |
| url | http://hdl.handle.net/11427/9159 |
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