Settlement of Competition Disputes before the Fair Competition Commission: An Alternative Dispute Resolution Perspective

This study examines how disputes are settled within the Fair Competition Commission (FCC) of Tanzania, utilizing alternative dispute resolution (ADR) as a form of dispute resolution. It reviews the procedures under the Fair Competition Commission Rules, which allow parties to request a settlement after the Commission issues its provisional findings and before a final decision is made. Data for this study were collected through documentary review and supplemented by interviews with key stakeholders, including FCC officials, legal practitioners, and business representatives. The collected data were analyzed using thematic content analysis and principles of statutory interpretation. The findings reveal that while ADR is recognized within the FCC framework, its discretionary nature, lack of procedural clarity, and limited application undermine its effectiveness as an alternative to formal adjudication. Settlement is rarely used, and the absence of published outcomes or official reports raises concerns regarding transparency and stakeholder confidence. The study recommends amending existing laws and developing clear ADR guidelines to make settlement processes more predictable, transparent, and effective in the enforcement of competition law.