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Prohibited Practices & Exemptions

Prohibited Practices & Exemptions

The global anti-trust and competition law landscape, over the last decade, has been marked by amplified enforcement. Prohibited practices, particularly collusive activities, have been a key area of focus for competition regulators in East Africa. Prohibited practices generally relate to collusion between competitors, anti-competitive arrangements between suppliers and purchasers, and strategic behaviour which seeks to exclude comp​etitors or prevent competition in a particular market.

The commercial activities which are carefully scrutinised by competition regulators are concerned with conduct relating to an organisation’s:

      • interaction with its competitors (horizontal relationship);
      • interaction with its customers and suppliers (vertical relationship); and
      • unilateral conduct by a dominant firm (abuse of dominance).

We assist clients with proceedings before competition regulators in countries in Tanzania, Zanzibar and Rwanda.​​

Exemptions

Companies may apply for an exemption of agr​​eements and practices that would otherwise constitute a prohibited practice. For instance; in Tanzania, a party wishing to apply for an exemption may do so if it can show that the practice or agreement is essential to achieve certain socio-economic and political objectives.

We are able to:​

      • assist throughout the investigation process (ie responding to subpoenas, responding to requests for information, meetings and appearances before the regulator);
      • provide legal advice in respect of the preparation and prosecution of prohibited practice matters;
      • provide legal advice in respect of the preparation and negotiation of settlement agreements with competition regulators in relation to anti-competitive contraventions;​​
      • provide advice in relation to exemption applications and preparing these applications.

Key Contacts

CONTACT

Afrilex Associates
P: +255 22 292 3571
T: +255 758 452 355
E: info@afrilex.co.tz
Tanzanite Park
8th Floor, Wing B
Plot No. 38 South Ursino St
New Bagamoyo Road, Dar es Salaam

ABOUT US

Afrilex Associates is a modern regional law firm with presence in Tanzania, Zanzibar and Rwanda. Its team of Partners, Advocates and Associates has unrivalled experience of working with multi-national companies, public companies and private persons within and outside the East African region.

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