Legal Update – 29 October 2026

Fair Competition Tribunal Rules Amended

• Appeal filing periods revised
• Time taken to obtain proceedings and decisions excluded from appeal period
• Tribunal empowered to conduct remote hearings
• Ex parte determination of appeals expressly provided
• Review powers and procedures clarified
• Appeals to the Court of Appeal expressly provided for

The Fair Competition Tribunal (FCT) has issued the Fair Competition Tribunal (Amendment) Rules, 2026 (the Amendments) vide Government Notice No. 289 published on 9 October 2026. The Amendments introduce several changes to the Fair Competition Tribunal Rules, 2012, particularly in relation to the filing and determination of appeals, conduct of proceedings, review of decisions and appeals to the Court of Appeal.

One of the notable amendments relates to the filing of appeals before the Tribunal. Previously, the memorandum and record of appeal were required to be lodged within 21 days from the date the notice of appeal was filed. Under the amended rule 11, these documents must now be lodged within the appeal period prescribed under the respective laws establishing the Fair Competition Commission or relevant regulatory body. Importantly, the time taken to obtain copies of proceedings and decisions continues to be excluded when computing the appeal period, provided that a copy of the written request for such documents is submitted to the Tribunal when lodging the notice of appeal.

Furthermore, the Amendments empower the Tribunal to hear and determine an appeal ex parte where a respondent, despite being duly served with the memorandum of appeal, fails to file a reply without sufficient cause. A party dissatisfied with such a decision may apply to have it set aside within 21 days from the date of the decision. Where the Tribunal refuses the application, the aggrieved party may appeal to the Court of Appeal.

Interestingly, the Amendments introduce the possibility of remote hearings. The Tribunal may, at its discretion or upon request by the parties, allow proceedings to be conducted remotely through video conferencing, telephone conferencing or any other electronic device approved by the Tribunal. This development is particularly relevant to parties located outside Dar es Salaam and is expected to facilitate participation in proceedings without requiring physical attendance in every case.

In relation to review of decisions, the Amendments introduce further clarity on the Tribunal’s existing review powers. Under the amended rule 50, the Tribunal may, on its own motion or upon application by a party, review its decisions in accordance with Order XLII of the Civil Procedure Code. An application for review must be made within 30 days from the date of the decision. Where the Tribunal initiates a review on its own motion, the matter cannot be determined without summoning the parties to appear.

Additionally, the newly introduced rule 50A expressly provides that a person aggrieved by a decision of the Tribunal may appeal to the Court of Appeal in accordance with the Appellate Jurisdiction Act and the Court of Appeal Rules. Where a request for copies of the Tribunal’s proceedings is made within 30 days of the decision, the period certified by the Registrar as necessary for preparing and delivering those proceedings will be excluded when computing the time for instituting the appeal.

It is also worth noting that the Amendments revise the composition of the Tribunal. Previously, the Tribunal was required to comprise not less than 3 members, including the Chairman. Under the amended rule 29, the Tribunal shall comprise the Chairman and 2 other members, except for matters involving necessary orders and matters falling under rules 13 and 43, where the Chairman may sit without the other members.

The Amendments are an important development in the administration of competition and regulatory disputes in Tanzania. In particular, the introduction of remote hearings, revised appeal timelines and clearer procedures for review and ex parte decisions is expected to improve the handling of matters before the Tribunal. Parties intending to challenge decisions should therefore familiarize themselves with the revised procedures and applicable timelines to avoid procedural difficulties.

To read the Fair Competition Tribunal (Amendment) Rules, 2026, click here

To read the Fair Competition Tribunal Rules, 2012 click here