PUBLIC NOTICE
(Made under Section 65 (2) (g) of the Fair Competition Act No. 8 of 2003 and
Rules 41 (6), 42 (5) and 49 of the Competition Rules, 2018)
The Fair Competition Commission (FCC) is an independent statutory body
established under section 62 of the Fair Competition Act No. 8 of 2003 (FCA)
with the object of enhancing the welfare of the people of Tanzania by promoting
and protecting effective competition in markets and preventing unfair and
misleading market conducts throughout Mainland Tanzania.
Pursuant to Section 65 (2) (g) of FCA read together with Rules 41 (6), 42 (5) and
49 of the Competition Rules, FCC is mandated to investigate, inter alia, entry into
and exit from markets. Pursuant to Rule 33 of the Competition Rules, 2018; FCC
has RECEIVED a merger application notification by National Development
Corporation (Acquiring firm or NDC) to acquire 70% shares in TANCOAL
Tanzania Limited (Target firm).
NDC is a corporation established under the laws of the United Republic of
Tanzania and wholly owned by Government of United Republic of Tanzania. It is
charged with responsibility of promoting economic development in Tanzania
under partnership with private sector. It is mandated to develop industrial
minerals such as iron, coal and soda ash.
TANCOAL Tanzania Limited is a company incorporated under the laws of the
United Republic of Tanzania. It engages in excavation of coal in southern regions
of Tanzania mainland.
NDC and TANCOAL Tanzania Limited shall be referred to as the merging firms.
On 10th January 2022, the Acquiring firm has submitted to FCC, its intention to
acquire 70% shares of Intra Energy Tanzania Limited in TANCOAL Tanzania
Limited by a way of the Acquiring firm exercising its right of first refusal, pursuant
to Shareholder Agreement dated 20th August 2008.
Pursuant to Rules 35, 36, 37, 38, 39, 40 and 42 of the Competition Rules, 2018;
FCC has BEGUN THE REVIEW AND INVESTIGATION of the intended
acquisition with a view to examine whether it is likely to harm competition.
Pursuant to Rule 49 read together with Rule 41(6) of the Competition Rules,
2018, parties, both legal and natural (Petitioners) who deem themselves as
having sufficient interest in this merger, or, if the merger is not objected to, it will
have or is likely to have a material effect on their interests, are invited to submit
their interests, objections or information (Petition).
The Petitioners are hereby NOTIFIED to submit their Petitions with a view to
assist FCC in reaching just and reasonable decision with regard to the intended
merger.
All such Petitioners, shall NOTIFY by way of written submissions to FCC within
FOURTEEN (14) days from the first day of publication of this Public Notice.
Submissions filed after the said deadline shall not be accepted.
Submission of the said Petition should be accompanied by a duly filled-in Form
FCC. 10 (Notice of Intention to Participate found in the First Schedule of the
Competition Rules, 2018). Failure to fill-in Form FCC. 10 will deny such Petitioner
the right to make any oral submissions before FCC and their status in the
proceedings shall be deemed to be that of an observer only.
2Petitioners should take note that pursuant to Rule 10 (5) of the Competition
Rules, 2018 as applied to this Public Notice, FCC shall not entertain a subject of
the petition where: (a) it does not fall under FCA (b) it has no material effect on
competition; and (c) the same in whole or in part is before any court, tribunal,
arbitration, judicial or quasi–judicial body.
Submissions must be submitted to FCC at the address below.
Director General,
Fair Competition Commission,
PSSSF Building, 6th Floor, Makole Road,
P. O. Box 2351
DODOMA.
Tel: +255 262329086/87/88
E-mail: [email protected]
