Interface Between Consumer Protection and Competition Law in Tanzania: Critical Areas of Cooperation and Conflict

Abstract

Consumer protection law and competition law are interrelated, closely knitted, and cannot be dealt with in isolation of the other. The two branches of law are delicately intertwined and often overlap with each other and a critical assessment needs to be undertaken to fully understand and appreciate how the two laws interface with each other. These two laws have interfaced in many aspects including sharing a common purpose and their cardinal desire to promote and protect each other. It should be borne in mind that through such interface, the two branches of law either co-operate or at times conflict with each other. In interfacing, Competition and Consumer Protection laws have benefits that include realisation of a fully functioning market, an improved inflow of information, detection of anticompetitive practices, control of complicated products and services, and protection of consumers. However, the above interface has demerits. These include disincentives to invest by firms holding dominant positions, increase of “fly-by-night” operators and cropping up of unethical and criminal behaviours as firms compete with each other. To address the above demerits posed by the interface of the two branches of law, this article suggests that there should be close coordination and coherence of the two laws, use of economics based models and emphasis on consumer protection. Keywords: Consumer Protection Law, Competition Law, Cooperation, Conflicts, Tanzania.