FB Attorneys has extensive experience dealing with anti-trust law. It often represents clients in hearings before the Fair Competition Commission (FCC), the pre-eminent anti-trust authority. FB Attorneys has successfully negotiated before the FCC permitting its clients clearance to engage in mergers with other corporations.
The team also has experience successfully appealing rulings issued by the FCC to the Fair Competition Tribunal and Court of Appeal. The team has vast experience in negotiating with the FCC and has recently concluded a multi-billion shilling settlement for a client. In competition law it is not just the law that drives the agenda but simple economics.
The FB team has lawyers with strong background in economics and econometrics, giving them an advantage over others.
Our experience in Competition Law
- Jointly representing some of the largest oil companies in East Africa before the Fair Competition Commission (FCC) of Tanzania in a case that involves alleged boycotting and restriction of supply of petroleum products in the local market with fines imposed amounting to billions of dollars.
- Representing a large multinational company against allegations by the FCC of anti-competitive behaviour with a fine of billions of shillings having been imposed by the FCC.
- Successfully represented a large multinational manufacturer on allegations of giving effect to a prohibited merger and abuse of position of dominance with fines of billions of dollars having been proposed to be imposed.
- Successfully represented a beverage company before the FCC in a complicated cross border merger application.
- Consulted for a manufacturer on potential abuse of market dominance based on an indirect acquisition by holding/mother company of shares of a holding company of a local competitor of the manufacturer.
- Consulted for an IT company on misleading and deceptive conduct including bait advertising.
- Acted for a pharmaceutical company and a solar manufacturer on a compulsory product recall matter.
- Consulted for a proposed agro group on effects of the Fair Competition Act on consumers in the agro and foods chain including unsuitability of goods, misdescription and unmerchantability of goods, and non-compliance with implied and express warranties under sale agreements.
- Consulted for insurance companies on cartel allegations based on introduction of minimum premium rates.
- Consulted for a large multinational automotive company on voluntary recall of vehicles as a result of an international recall.
- Over the past twelve months we have applied and/or consulted for over three dozen merger applications.
- Consulted on anti trust matters including merger filing for the largest takeover in history in the oil and gas industry
- Consulted for various companies on the registration of standardised terms in contracts.
- We have trained various key departments of large local companies on local competition laws and the do’s and don’ts.
- Developed a compliance manual for a large multinational manufacturer and conducted on site training on key provisions of competition legislation.
- Continue to conduct anti trust health checks on clients to ensure compliance with the Fair Competition Act which has some onerous penalties being imposed for breach, the minimum for some most offences being 5% of turnover.
- Continue to appeal in various proceedings before the FCC, the Fair Competition Tribunal and Court of Appeal.
- Represented companies in the financial industry on investigations on cartel behaviour and misconduct in market.