The Decision of the Fair Competition Commission on Complaint No 2 of 2009 on Abuse of Dominance Involving SBL and TBL.
Parsuant to section 58(1), (3) and (6) of the fair competition Act, 2003, the
Commission imposes the following oders.
I, that the understandings and arrangements in any from between
Tanzania Breweriers Limited and Serengeti Breweriers Limited on yhe
use of Euro bottles and their carrying crates are void and hence nullified.
II, That Both TBL and SBL to adhere to each one's marketing startegies
there have to be no any kind of agreement between TBL and SBL as
competitors on the shearing of the carculating Euro bottles and their
carrying crates, or whatever agreements which may likely harm
competition, Each company has to seek and implement possible
mechanism to ensure that its crates and bottles are clearly identifiable to
their intended customers.
III, That each company to publish three times in the local dailies circulating
nationally on working days, (both English and Swahili) TV and Radio
media explaining how the dispute has been decided by the commission
and inform the public about the silent features of each one's bottles and
crates. The said publications shall have to be approved bythe Director
General of the Fair Competition Commission before the publication and
have to be effected within 30 days fromthe date of this decision.
2.2 For the main comlaint
I, That pursuant to sections 60(1) and 78(1) (f) of the Fair Competition Act
2003 and Rule 41 of the Fair Competition Procedure Rules 2009,
Tanzania Breweriers Limited is odered to pay a fine of 5 percent of its
annual tumover as per their last audited accounts for theoffences of
entering into anti-compititive branding agreements which outlet owners
and removing SBL posters and signage.
Commission imposes the following oders.
I, that the understandings and arrangements in any from between
Tanzania Breweriers Limited and Serengeti Breweriers Limited on yhe
use of Euro bottles and their carrying crates are void and hence nullified.
II, That Both TBL and SBL to adhere to each one's marketing startegies
there have to be no any kind of agreement between TBL and SBL as
competitors on the shearing of the carculating Euro bottles and their
carrying crates, or whatever agreements which may likely harm
competition, Each company has to seek and implement possible
mechanism to ensure that its crates and bottles are clearly identifiable to
their intended customers.
III, That each company to publish three times in the local dailies circulating
nationally on working days, (both English and Swahili) TV and Radio
media explaining how the dispute has been decided by the commission
and inform the public about the silent features of each one's bottles and
crates. The said publications shall have to be approved bythe Director
General of the Fair Competition Commission before the publication and
have to be effected within 30 days fromthe date of this decision.
2.2 For the main comlaint
I, That pursuant to sections 60(1) and 78(1) (f) of the Fair Competition Act
2003 and Rule 41 of the Fair Competition Procedure Rules 2009,
Tanzania Breweriers Limited is odered to pay a fine of 5 percent of its
annual tumover as per their last audited accounts for theoffences of
entering into anti-compititive branding agreements which outlet owners
and removing SBL posters and signage.
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