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NEWS
Law360: Tanzania owes the Hong Kong subsidiary of Standard Chartered Bank US$185m for breaching a power plant operation contract, an International Centre for the Settlement of Investment Disputes (ICSID) tribunal has ruled.
PRACTICE NOTES
NOTE—to see whether notification thresholds in Tanzania and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Tanzanian merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Tanzania? The Fair Competition (Amendment) Act No.13 of 2024 (Amendment Act) was enacted on 3 September 2024 and came into effect on 11 October 2024. The Amendment Act introduces reforms aimed at fostering a more dynamic and competitive market environment. Key changes include the Fair Competition Commission's (FCC) ability to approve mergers based on broader public interest considerations, such as technological advancements, enhanced efficiency, and strategic investments. The Amendment Act was influenced by the Chalinze Cement case, which highlighted the tension between preventing monopolies and fostering economic growth. The new section 11A empowers the FCC to consider factors like resource allocation efficiency, technical progress, failing-firm considerations, export boosts, and regional competitiveness when evaluating mergers, provided substantial public benefits outweigh harm to competition. This shift aims to balance business flexibility, reduced legal uncertainty,
GLOSSARY
Whereby the annual allowance is progressively reduced for those with adjusted income over £150,000 pa and from 2020/21, £240,000 pa.
GLOSSARY
A company or business that is the subject of a proposed acquisition.
GLOSSARY
An investment philosophy which states that defined contribution members should start with establishing a clear pension target and then devise a realistic strategy to achieve that target.
GLOSSARY
The level of profit return considered to be the minimum acceptable based on the specific risks of a development scheme.
GLOSSARY
A type of cost reimburseable contract under which the contractor is paid the ‘actual cost’ it incurs in carrying out the works, but is subject to a target cost which is agreed by the parties at the beginning of the project. At the end of the project, the parties apply a mechanism/formula to calculate whether savings were made or whether costs overran—the contractor will then either share the savings with the employer or contribute towards the overspend.
PRACTICE NOTES
What is a target cost contract? A target cost contract is a type of cost reimbursable contract under which the contractor is reimbursed costs incurred in carrying out the works to the extent recoverable under the particular contract, usually together with an agreed fee, subject to an agreed target cost. The target cost is the cost to the contractor of completing the project, comprising: • the base cost of the physical works (based on the sum of prices in a bill of quantities, schedule of rates or an activity schedule), the cost of temporary works, sub-contractor costs and preliminary costs • overheads and profit • a contingency for contractor’s risks under the contract At the stages specified in the particular contract—which may include interim payments and/or final payment—the parties will apply a mechanism/formula to calculate whether savings were made and the project delivered for less than the target cost, or whether costs overran and the cost of delivering the project was more than the target cost. The contractor will then either share the savings
GLOSSARY
An approach whereby investments are structured in line with a pre-set date whereby risk is gradually eliminated as the target date approaches.
PRECEDENTS
This Precedent Target product carbon footprint clause—schedule for consumer goods contracts is for insertion into a manufacturing contract for the supply of consumer goods to require parties to set a target product carbon footprint budget (which reduces
GLOSSARY
An investment approach whereby the manager aims to achieve a pre-set return over a given period. This differs from the traditional approach whereby the manager aims to mimic (passive management) or outperform (active management) a market or peer index.
NEWS
Law360 Analysis: The Financial Conduct Authority’s (FCA’s) planned ‘targeted support’ regime for consumers requires government legislation or guidance to remove legal obstacles to direct marketing — and regulatory experts expect the first step to come at the Mansion House address by Chancellor Rachel Reeves scheduled for late on Tuesday 15 July 2025.