Tanzania: Fcc Blamed for Delaying Reforms At Simba

SIMBA'S Chairman Mohammed Dewji has finger-pointed the Fair Competition Commission (FCC) as a barrier of Simba SC merger growth reforms.

Dewji's complaints came after the controversy over the club's reform process was raised in the parliament recently.

Dewji expressed his grievances through a statement he wrote on his tweet as response to FCC detailed letter published in their official website https:// www.competition.or.tz.

"I am saddened that we have been holding meetings with FCC and agreed to reach consistency, and then we get a letter to start over. Perhaps Members of the Parliament are right that there are plots to stop us. This is very bad. Our big plans are being delayed," Dewji said.

According to the letter issued by FCC in January this year that notified the public that Simba were alleged to violate Fair Competition Act No. 8 of 2003 (FCA) and FCC is mandated to investigate.

The letter explained the alleged offence is such that Simba Sports Club Company limited jointly and severally with Simba Sports Club Holding Company Limited and MO Simba Company Limited; and Mohammed Dewji acquired Simba Sports Club Trademark, G oodwill (assets) and Business.

The move resulted in change of control of the Simba SC and part of its business inside Mainland Tanzania without notifying the FCC; that is contrary to the provisions of section 11 (2), read together with section 11 (6) of the FCA and Rule 33 (1) of the Competition Rule, 2018 and the Fair Competition (Threshold for Notification of a Merger) (Amendment) Order, 2017.

FCC has therefore told the public that in "pursuant to Rule 10 (9), 19 (6) and 20 (7) of the Competition Rules, 2018 , any legal or natural person (Petitioner) who has reason to believe that the alleged unnotified merger has affected or is likely to affect that person's material interest, is hereby invited by the FCC to file his or her written submissions (Petition)."

"In case the Petitioner wants to make oral representation before the Commission, the submission of the said Petition should be accompanied by a duly filed in Form FCC. 10 (Notice of Intention to Participate found in the First Schedule of the Competition Rules, 2018 )."

They preceded failure to fill in Form FCC. 10 FCC will deny such Petitioner the right to make any oral submissions before the Commission and their status in the proceedings shall be deemed to be that of an observer only.

They further insisted, "Petitioners should take note that pursuant to Rule 10 (5) of the Competition Rules, 2018 as applied to this Public Notice, the Commission shall not entertain a subject of the Petition where: (a) it does not fall under the FCA (b) it has no material effect on competition (c) it is not worth devoting resources to investigate; and (d) the same in whole or in part is before any court, tribunal, arbitration, judicial or quasi- judicial body."

"All such petitioners shall NOTIFY the Commission by way of written submissions (Petition) to the FCC within Twenty One (21) days from the first day of publication of this Public Notice. No submission filed after the said deadline shall be accepted."

Pursuant to Rule 20 (7) of the Competition Rules 2018, Petitioners can access the nonconfidential version of the issued Provisional Findings and the said Form FCC.

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