TANZANIA

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Content last updated: 27-01-2021

Choose the type of information you seek

  • Merger Control Regime
  • Merger Screening
  • Merger Filing

1. Supranationality

1.1 Membership of Supranational Organization

1.1.1 Is the jurisdiction a member of/party to a supranational jurisdiction?

No.

1.1.2 Is the jurisdiction itself a supranational jurisdiction?

No.

1.1.3 If the answer to Section 1.1.1 and/or 1.1.2 above is in the affirmative, what are the implications hereof?

Not applicable.

2. Nature of merger control regime

2.1 Mandatory or voluntary

2.1.1 Is filing mandatory or voluntary?

Filing is mandatory.

1. What type of transactions are caught by the merger control regime?

1.1 Concentrations

1.1.1 Type of transactions that are caught by the merger control rules?

A transaction is caught by the merger control rules if it brings a change of control resulting from:

  • a merger;
  • an acquisition of shares, a business, or other assets.

2. Establishing jurisdiction for notification of mergers

2.3 General thresholds

2.3.1 Threshold(s) for when a concentration must be notified under the general merger control regime?

Merger filing is required if:

  • the combined global turnover of the undertakings concerned exceeded TZS 3,500,000,000 in the previous financial year; or
  • the combined value of the global assets of the undertakings concerned exceeded TZS 3,500,000,000 in the previous financial year.

1. Practical information

1.2 Deadlines for filing

1.2.3 What are the sanctions for not filing a notifiable transaction?

Failure to notify a notifiable transaction is sanctionable by a fine of not less than 5% and not exceeding 10% of the annual turnover.

If the Competition Commission is satisfied that a monetary value can reasonably be placed on the damage including loss of income suffered by a person as a result of the offence, the undertaking may on conviction be liable to a fine of twice such monetary value to be paid to the person suffering the damage.

Every person who, at the time of the commission of the offence, was a director, manager, or officer of the body corporate may be charged jointly in the same proceedings with such body corporate and where the body corporate is convicted of the offence, every such director, manager or officer of the body corporate is deemed to be guilty of that offence unless they prove that the offence was committed without their knowledge or that they exercised all due diligence to prevent the commission of the offence.

Any partner of a firm is jointly and severally liable for the acts or omissions of any other partner of the same firm done or omitted in the course of the firm's business.

This content was delivered
and last updated 27-01-2021 by

Legal Cross Border has itself provided all input about merger control in Tanzania. This information has been gathered and validated by our in-house lawyers to guarantee the highest quality outcome. This said, we are currently looking for a local partner to cover Merger Control Tanzania - please contact us if you would like to be our new partner.