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.