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Tanzania: Dar Businessman Hounded From Gas Blocks Deal

Screen Shot 2016-03-10 at 08.50.18Tanzania Daily News: 9 March 2016

Extracts

The Fair Competition Commission (FCC) has refused to entertain the application by Moto Mabanga, a businessman questioning about the deal for merging interest rights in three gas blocks offshore in Mtwara Region by Royal Dutch Shell Plc (Shell) and BG Group Plc.

In its letter addressed to the businessman, the FCC, through the Director General, Dr Fredrick Ringo, stated that the Commission could not act on his application because it approved the transaction involving the two foreign companies since last year.

“The commission approved the transaction between Royal Dutch Shell PLC and BG Group PLC without conditions on August 31, 2015. Based on above, the Commission is now functus officio, meaning that it cannot deal with your request,” reads part of FCC letter dated March 1, 2016.

But through Marando, Mnyele and Co. Advocates, Mr Mabanga in April last year, wrote to the Chief Executive Officer with Royal Dutch Shell, Mr Ben van Beurden and copied to several others, informing them that the taking over deal was fraud, as the pending cases have not been decided by the court.

Others who were served with the letter include BG Group CEO Helge Lund, Bank of America Merryl Lynch CEO Brian Thomas Moynihan, Goldman Sachs CEO Lloyd Craig Blankfein, Robey Warshaw LLP, Registrar, Main Registry of the High Court and Commercial Division, The Treasury Registrar, Ministry of Finance and respective Boards of Directors at Royal Dutch Shell PLC.

The businessman, thus, requested him to inform his lawyers over a number of issues, including whether BG Group had notified Royal Dutch Shell concerning the cases when negotiating the deal in question.

However, Mr van Beurden never responded to any of the issues raised. Following such conduct, Mabanga filed a notice with the FCC stating: “In view of that the approval for merger between the acquiring firm and the target firm should not be approved unless and until when the target and an acquiring firm provide

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