Category Archives: Latest News

THE COMESA COMPETITION COMMISSION SIGNS ENFORCEMENT COOPERATION AGREEMENT WITH THE COMPETITION AND CONSUMER PROTECTION COMMISSION ZAMBIA

The COMESA Competition Commission (“the Commission”) is pleased to announce that the Commission concluded a Cooperation Agreement with the Competition and Consumer Protection Commission (“CCPC”) Zambia regarding the Application and Enforcement of the COMESA Competition Regulations. The signing Ceremony of the Cooperation Agreement was held on 25th November 2016 in Livingstone, Zambia. The Ceremony was attended by the Assistant Secretary of the Southern Province, representing the Provincial Government, Mr Benson Kapomo; Board of Commissioners of the Commission; media houses and other Officials. The signatories of the Cooperation Agreement were the Chairperson of the Commission, Mr Mathews Chikankheni and the Chairperson of CCPC, Mr Kelvin Fube Bwalya.

img_3184The Cooperation Agreement is expected to facilitate and promote coordination between the Commission and the CCPC in the harmononization and implementation of their competition laws and policies and lessen the possibilities or impact of divergent outcomes. The salient issues that the Cooperation Agreement cover include:

 

  • The two institutions will cooperate where they are investigating related matters and will share relevant information to ensure effective enforcement of their respective competition laws. This will be achieved through the appointment of Desk Officers in the respective institutions and through periodic meetings among officials to exchange information on investigation and enforcement priorities.
  • The Commission and CCPC will consult on matters of competition enforcement and policy and keep each other informed of significant competition policy and enforcement developments in their jurisdictions.
  • The two institutions will cooperate in advancing technical assistance and capacity building programs through integrated strategies.

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Download the  Cooperation Agreement with CCPC Zambia here.

THE COMESA COMPETITION COMMISSION SIGNS ENFORCEMENT COOPERATION AGREEMENT WITH THE MADAGASCAR COMPETITION COUNCIL

The COMESA Competition Commission (“the Commission”) is pleased to announce that the Commission concluded an Enforcement Cooperation Agreement with the Madagascar Competition Council (“MCC”) regarding the Application and Enforcement of the COMESA Competition Regulations. The signing Ceremony of the Cooperation Agreement was held on 20th October 2016 in Antananarivo, Madagascar. The signatories of the Cooperation Agreement were the Director and Chief Executive Officer of the Commission, Dr. George K. Lipimile and the Minister of Commerce and Consumption, Hon. Tazafy Armand and the President of the MCC, Mr. Rabetrena Herinirina.

The Cooperation Agreement is expected to facilitate and promote coordination between the Commission and the MCC in the harmononization and implementation of their competition laws and policies and lessen the possibilities or impact of divergent outcomes. The salient issues that the Cooperation Agreement cover include:

 

  • The two institutions will cooperate where they are investigating related matters and will share relevant information to ensure effective enforcement of their respective competition laws. This will be achieved through the appointment of Desk Officers in the respective institutions and through periodic meetings among officials to exchange information on investigation and enforcement priorities.
  • The Commission and MCC will consult on matters of competition enforcement and policy and keep each other informed of significant competition policy and enforcement developments in their jurisdictions.
  • The two institutions will cooperate in advancing technical assistance and capacity building programs through integrated strategies.

Click here to download the Cooperation Agreement in English

Click here to download the Cooperation Agreement in French

Notice of Inquiry into Distribution Agreements entered into between Eveready East Africa Limited with different multinational companies.

CCC RBP Inquiry Notice No. 01 of 2016


The  COMESA Competition Commission (hereinafter referred to as the “Commission”), wishes to notify the general public and stakeholders that it has received requests for authorization of agreements between Eveready East Africa Limited (hereinafter referred to as  “Eveready”) with different multinational suppliers pursuant to Article 20 of the COMESA Competition Regulations (hereinafter referred to as the “Regulations”). The parties have submitted that Eveready has concluded 3 distribution agreements with the following multinational companies to distribute named products in the Common Market:

Multinational Company Country of origin Products and Brands
Sayyed Engineers Limited Pakistan  Range of writing instruments (pens etc.) under the brand name PIANO
Chloride Egypt SAE Egypt  Car batteries under the brand name TURBO and a range of other batteries.
Supreme Imports Limited United Kingdom Lighting products including incandescent and energy saving bulbs under EVERYREADY
Clorox Sub-Sahara Africa Limited  United States of America  Cleaning products, Homecare products, water filtration products, personal care products, dressings and sauces

 

The Commission shall pursuant to Article 16 of the Regulations determine whether the agreements are compatible with the Common Market. Agreements are prohibited as incompatible with the Common Market if they are likely to have an effect on trade between Member States and have as their object the prevention, restriction or distortion of competition within the Common Market.

 

In view of the above, the Commission hereby gives notice to all interested stakeholders, including competitors, suppliers and customers of the parties to submit written representations to the Commission with regard to the subject matter of the proposed inquiry by emailing them to: wmwemba@comesa.int. All written representations should be sent to the Commission not later than 15th October, 2016.

 

If you wish to seek further details and/ or clarifications on any aspect of these agreements or need assistance you may get in touch with Mr. Willard Mwemba, Manager for Mergers and Acquisitions, on +265 (0) 1 772 466 or via email at wmwemba@comesa.int.

 

All written representations submitted to the Commission will be treated with the strictest confidentiality and will only be used for the purpose of this inquiry

THE COMESA COMPETITION COMMISSION SIGNS COOPERATION FRAMEWORK AGREEMENT WITH THE EGYPTIAN COMPETITION AUTHORITY

The COMESA Competition Commission (“the Commission”) is pleased to announce that the Commission concluded a Cooperation Framework Agreement with the Egyptian Competition Authority (“ECA”) regarding the Application and Enforcement of the COMESA Competition Regulations. The Ceremony of the Cooperation Framework Agreement was held on 9th August 2016 in Cairo, Egypt. The Ceremony was attended by the Head of the Competition Protection Authority of Egypt, Mr Atef Yaqoub; Board of Commissioners of the Commission and other Officials. The signatories of the Cooperation Framework Agreement were the Director and Chief Executive Officer of the Commission, Dr. George K. Lipimile and the Chairperson of the ECA, Professor Mona El Garf.

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The Cooperation Framework Agreement is expected to facilitate and promote coordination between the Commission and the ECA in the harmononization and implementation of their competition laws and policies and lessen the possibilities or impact of divergent outcomes. The salient issues that the Cooperation Framework Agreement cover include:

 

  • The two institutions will cooperate where they are investigating related matters and will share relevant information to ensure effective enforcement of their respective competition laws. This will be achieved through the appointment of Desk Officers in the respective institutions and through periodic meetings among officials to exchange information on investigation and enforcement priorities.
  • The Commission and ECA will consult on matters of competition enforcement and policy and keep each other informed of significant competition policy and enforcement developments in their jurisdictions.
  • The two institutions will cooperate in advancing technical assistance and capacity building programs through integrated strategies.

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Click here to download the Cooperation Framework Agreement between the ECA and the Commission

THE COMESA COMPETITION COMMISSION SIGNS COOPERATION AGREEMENT WITH THE COMPETITION AUTHORITY OF KENYA

The COMESA Competition Commission (“the Commission”) is pleased to announce that the Commission concluded a Cooperation Agreement in the Application and Enforcement of the COMESA Competition Regulations with the Competition Authority of Kenya (“CAK”).

The Agreement is expected to facilitate and promote the harmonization and coordination in the implementation of the Regulations between the Commission and the CAK. The salient features of the Agreement include:

 

  • Cooperation between the institutions in investigating related matters and sharing of relevant information to ensure effective enforcement of their respective competition laws. This will be achieved through the appointment of Desk Officers in the respective institutions and through periodic meetings among officials to exchange information on investigation and enforcement priorities.
  • Consultation on matters of competition enforcement and policy and keep each other informed of significant competition policy and enforcement developments in their jurisdictions.
  • Cooperation in advancing technical assistance and capacity building programs through integrated strategies.

Click here download the Cooperation Agreement with the CAK

PUBLIC NOTICE ON PAYMENT OF FEES

CCC Notice Number 2 of 2016

 The COMESA Competition Commission (the “Commission”) would like to remind parties to mergers and acquisitions, the general public and all concerned stakeholders, who are required to make fee payments to the Commission that whenever such payments are made, the Commission should immediately be alerted indicating the names of the parties concerned and the details of the corresponding transaction. This is in order to facilitate timely consideration and conclusion of cases before the Commission.

All concerned stakeholders are therefore requested to submit, to the Commission, a copy of the telegraphic transfer as proof of payment through the following contact details:

The Director and Chief Executive Officer

The COMESA Competition Commission

Kang’ombe House, 5th Floor West Wing

P.O. Box 30742

Lilongwe 3, Malawi

Email: COMPCOM@comesa.int

              ldziko@comesa.int

The Commission wishes to thank you for your continued support.

All payments of fees should be made to the following accounts:

Bank Details captured

*Further, kindly note that all payments made to the Commission through the EcoBank Malawi Limited account should include a transaction fee of $15 which the bank deducts upon payment’s transfer to the Commission’s account.

THE COMESA COMPETITION COMMISSION SIGNS MEMORANDUMS OF UNDERSTANDING WITH THE SWAZILAND COMPETITION COMMISSION AND THE FAIR TRADE COMMISSION OF THE SEYCHELLES

The COMESA Competition Commission (“the Commission”) is pleased to announce that the Commission concluded two Memorandums of Understanding (MOUs) on Cooperation in the Application and Enforcement of Laws with the Swaziland Competition Commission (SCC) and the Fair Trade Commission (FTC) of the Seychelles. The Ceremony of signing the MOUs was held on 19th April 2016 at Royal Villa Hotel, in Ezulwini, Swaziland. The Ceremony was attended by the Principal Secretary of the Ministry of Trade and Industry of the Kingdom of Swaziland, Mr Jinno Nkhambula; Board Chairperson of the SCC, Mr Sibusisso Motsa; Board of Commissioners of the Commission and other Officials. The signatories of the two MOUs were the Director and Chief Executive Officer of the Commission, Dr. George K. Lipimile; the Chief Executive Officer of the SCC, Ms Thabisile Langa; and the Chief Executive Officer of the FTC Seychelles, Mr Georges Tirant.

IMG_1727__1463047348_19265The MOUs are expected to facilitate and promote the harmonization and implementation of Competition Laws of the Commission with the SCC and the FTC in order to foster their effective enforcement. The salient issues that the MOUs cover include:

 

  • The institutions will cooperate where they are investigating related matters and will share relevant information to ensure effective enforcement of their respective competition laws. This will be achieved through the appointment of Desk Officers in the respective institutions and through periodic meetings among officials to exchange information on investigation and enforcement priorities.
  • They will consult on matters of competition enforcement and policy and keep each other informed of significant competition policy and enforcement developments in their jurisdictions.
  • The institutions will cooperate in advancing technical assistance and capacity building programs through integrated strategies.

 

These MOUs are not the last that the Commission will sign with COMESA Member State. In this regard, the Commission intends to have cooperation agreements of a similar nature with other COMESA Member States and national Competition Authorities.

Click here to download the MOUs with the Swaziland Competition Commission  and the Fair Trade Commission of Seychelles

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Notice of Closure of the Registrar’s Office on Official Holidays in the Year 2016

CCC Notice No. 1 of 2016

NOTICE IS HEREBY GIVEN THAT the COMESA Competition Commission (“Commission”) shall observe the official holidays recognized by the host country, the government of Malawi. Consequently, the Commission would like to notify all its esteemed customers that the Office of the Registrar would be closed in the Year 2016 on the following dates:-

 

Official Holiday Date
New Years’s Day 1st January 2016
John Chilembwe Day 15th January 2016
Martyrs Day 3rd March 2016
Good Friday 25th March 2016
Easter Monday 28th March 2016
Labour Day 1st and 2nd May 2016
Kamuzu Day 14th and 16th May 2016
Independence Day 7th July 2016
Mother’s Day 15th and 17th October 2016
Christmas 25th and 26th December 2016

The Commission would like to remind the concerned persons that the closure of the Office of the Registrar would alter the computation of time by the Commission in accordance with Rule 3 (2) of the COMESA Competition Rules which read as follows:

 “Where the time prescribed by or allowed under these Rules for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.”

 Rule 3 (2) applies also to the computation of time regarding the 120 days time period taken to examine mergers and make a decision under Article 25 of the COMESA Competition Regulations.

 

REVISED NOTICE OF CLOSURE FOR FESTIVE HOLIDAYS

Commission Notice No. 02/2015

 It is hereby notified that the COMESA Competition Commission (the Commission) will be officially closing for the 2015-2016 festive holidays as from Monday 21st December 2015 to Sunday, 3rd January 2016 and will reopen on Monday 4th January 2016.

Kindly take note that during this period, the Office of the Registrar of the Commission will be closed for notification of transactions. With regard to transactions already notified and under consideration, the computation of time during this period will be adjusted accordingly as per Rule 3(2) of the COMESA Competition Rules which reads:

“Where the time prescribed by or allowed under these Rules for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.”

The Commission wishes all its stakeholders a Merry Christmas and Happy New Year and look forward to reconnecting in the New Year.

 The Registrar

COMESA Competition Commission

5th Floor-West Wing, Kang'ombe House

P.O. Box 30742

Lilongwe 3, Malawi

Cell: +265 (0) 991 320088

Office Phone: +265 (0) 1 772466

Email: mdisasa@comesa.int or compcom@comesa.int

www.comesacompetition.org

“Enhancing intra-COMESA trade through the creation of competitive markets”

APPOINTMENT OF COMMISSIONER TRUDON NZEMBELE KALALA AND COMMISSIONER KOWLESSUR DESHMUK AS BOARD MEMBERS OF THE COMMISSION

 The COMESA Competition Commission (“the Commission”) wishes to inform the general public that pursuant to Article 13 (1) of the COMESA Competition Regulations (“the Regulations”), the COMESA Council of Ministers, at its 35th meeting held in Lusaka, Zambia on 8th December, 2015, approved the appointment of two Commissioners for a period of three (3) years, namely:

  1. Commissioner Trudon Nzembela Kalala from Ministry of Economy of DRC; and
  2. Commissioner Kowlessur Deshmuk, Executive Director of the Competition Commission of Mauritius

Consequently, the current composition of the Board of the Commission is as follows:

Name Member State
Ali Mohammed Afkada Djibouti
Trudon Nzembela Kalala DRC
Amira Abdel Ghaffar Egypt
Merkebu Zeleke Sime Ethiopia
Francis Kariuki Kenya
Matthews Chikankheni Malawi
Kowlessur Deshmuk Mauritius
Georges Emmanuel Jude Tirant Seychelles
Thabisile Langa Swaziland
Patrick Okilangole Uganda
Chilufya Sampa Zambia