Category Archives: MEDIA

Investigation into the Agreements concluded by the Confederation of African Football and Lagardere Sports SAS

The COMESA Competition Commission (the “Commission”) wishes to inform its stakeholders and the general public that an article published on the e-COMESA Newsletter on 10th May 2020, has erroneously stated that the Commission has banned the agreement between Confederation Africaine de Football (“CAF”) and Lagardere Sports S.A.S (“Lagardere Sports”).

The Commission wishes to clarify that the investigation relating to the agreements concluded between CAF and Lagardere Sports for the commercialization of media and marketing rights of football events is still ongoing. There has been no decision up to date made by either the Committee responsible for Initial Determination or the Board of the Commission.

 

Click here to download the Press Release.

DONATION TO GOVERNMENT OF MALAWI FOR COVID-19 PANDEMIC

On 4th May 2020, the COMESA Competition Commission donated to the Government of the Republic of Malawi in support of the fight against the COVID-19 pandemic. On behalf of the Government of the Republic of Malawi, the donation was received by the Minister of Trade and Industry, Honourable Mr. Salim Ibrahim Bagus.

 

Right: Minister of Trade and Industry of Malawi, Honourable Mr. Salim Ibrahim Bagus; Left: Director and Chief Executive Officer of COMESA Competition Commission, Mr George Lipimile

 

SUSPENSION OF RECRUITMENT PROCESS FOR NINE PROFESSIONAL POSTS

 

S/N NAME OF VACANT POSTS GRADE NO. OF POSTS
1. Manager – Consumer Welfare and  Advocacy

 

P4 1
2. Senior Human Resource and Administration Officer

 

P3 1
3. Accountant

 

P3 1
4. Internal Auditor

 

P3 1
5. Merger Analysts

 

P2 2
6. Competition Analysts

 

P2 2
7. Legal Officers

 

P2 2
8. Consumer Welfare and Advocacy Officers

 

P2 2
9. IT and Documentation Officer

 

P2 1

 

We would like to notify all applicants to our call for the above applications for the nine (9) professional posts at the COMESA Competition Commission (the Commission), advertised in January 2020, that the recruitment process has been temporarily suspended due to the logistical constraints associated with the COVID – 19 pandemic.  The process will resume once the situation has normalized.

We apologise for the inconvenience this postponement may cause.

We would like to thank all applicants that have submitted their applications and shown interest in joining the Commission.

 

The Director and Chief Executive Officer

COMESA Competition Commission

Lilongwe

 

 

 

Click here to download the Notice of Suspension of the Recruitment.

COMESA Competition Commission Concludes Assessment of Anheuser-Busch InBev SA/NV Distribution Agreements and Assessment of Coca-Cola Beverages Africa’s Distribution Agreements

The COMESA Competition Commission (the “Commission”) wishes to inform interested stakeholders and the general public that on 3rd April 2020, it concluded the assessment of two distribution agreements of two undertakings namely:

  • Anheuser-Busch InBev SA/NV (“AB InBev”) and third-party distributors in the Common Market; and
  • Coca-Cola Beverages Africa (CCBA), an entity controlled by The Coca-Cola Company (“TCCC”), and third-party distributors in Comoros, Ethiopia, Kenya and Uganda.

 

Click here for the decision of the Assessment of Ab InBev Distribution Agreements

Click here for the decision of the Assessment of Coca-Cola Beverages Africa Distribution Agreements

 

NOTICE OF INTERIM MEASURES IN MERGER REVIEW OF THE COMESA COMPETITION COMMISSION DUE TO THE COVID-19 PANDEMIC

CCC-Notice-4-of -2020

The COMESA Competition Commission (the Commission) is aware that these are unprecedented, uncertain and challenging times for undertakings and other stakeholders. In view of this, the Commission wishes to notify the general public and all interested parties that as a result of the global Covid-19 pandemic it has issued the following interim processes for merger reviews under the COMESA Competition Regulations (the Regulations) and the COMESA Competition Rules (the “Rules”).

  1. Receipt of Merger Notifications

Parties to a Merger are encouraged to submit all notifications and filing of mergers and acquisitions electronically including certified copies of filings. This therefore means that the parties shall not be expected to submit the hard copies within the specified 7 days under the COMESA Merger Assessment Guidelines. The hard copies may still be submitted by the parties at a later date when it is possible under the circumstances.

  1. Notification of a Merger following a Decision to Merge by the Parties

Pursuant to Article 24 (1) of the Regulations, parties to a merger should notify the Commission within 30 days of the decision to merge. The Commission takes cognizant that due to restrictions of movements and lockdowns in most countries as a result of the CoVID-19 Pandemic, some parties may not be able to gather all the information to enable them complete the notification within the 30 days period provided under Article 24(1) of the Regulations. The Commission is cognizant that section 5 of the Guidelines provides for the notification process and gives guidance to what amounts to a complete notification. During this temporal period, the Commission shall consider the initial engagement with the parties as the beginning of the notification process which shall be considered complete once all the information is submitted. It follows therefore that as long as the parties have engaged the Commission on the notification process, they shall not be penalized for failure to submit complete information within 30 days of the parties’ decision to merge.

  1. Consultations and Meetings

The Commission has suspended onsite investigations and face-to-face meetings with regard to merger investigations. However, consultations and meetings shall continue to be held through teleconferencing facilities until the situation normalises.

  1. Investigation Period of 120 Days

The Commission observes that under the current situation, it may not be able to complete its assessment of mergers and acquisitions that has been notified and yet to be notified in accordance with the 120 days stipulated under Article 25 (1) of the Regulations. This is due to travel bans and lockdowns in most Member States. These conditions shall affect the Commission’s engagements with various relevant stakeholders who are essential in the consultative process adopted by the Commission pursuant to Article 26 of the Regulations. Therefore, the merging parties should take note that the 120 days investigation period may be extended in some cases pursuant to Article 25 (2) of the Regulations as it may not be practicable to complete the assessment within 120 days under the circumstances.

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

 

Further, note that the Commission may update and revise this notice from time to time.

 

George K Lipimile

Director & Chief Executive Officer

 

Click here to download the Notice.

WARNING TO SELLERS OF PRODUCTS PURPORTING THEY CAN CURE CORONAVIRUS

PRESS STATEMENT

The COMESA Competition Commission (the “Commission”) wishes to issue a warning to all companies and individuals that are selling products not medically tested and approved which they claim can treat or prevent the Coronavirus. Such companies and individuals are advised to refrain from such conduct as it is contrary to Article 27 of the COMESA Competition Regulations (‘the Regulations). If any such company or individual are found wanting, the Commission will not hesitate to apply the provisions of the Regulations which include sanctions of up to USD 300,000.

 

Consumers in the Common Market are advised to be on the lookout for such scams and report any suspicions either directly to the Commission or through any Consumer Protection Agency in their country of residence.

 

Further, consumers are advised to follow advice on prevention of Coronavirus from the relevant institution’s websites such as the World Health Organisation (WHO) website, Center for Disease and Prevention (CDC) including their local public health authorities.

 

Should you require more information or clarification on the matter you may contact the Commission on +265 1 772 466 or email: compcom@comesa.int.

 George K Lipimile

Director & Chief Executive Officer

REQUEST FOR TECHNICAL AND FINANCIAL PROPOSAL: DEVELOPMENT OF THE STRATEGIC PLAN OF THE COMESA COMPETITION COMMISSION

REF : CCC/RFP/3/2/2020

  

  1. INTRODUCTION

The COMESA Competition Commission (the “Commission”) is an international body corporate established under Article 6 of the COMESA Competition Regulations (“the Regulations”). The Regulations are promulgated pursuant to Article 55 of the Treaty establishing the Common Market for Eastern and Southern Africa (“the COMESA Treaty”).

The Commission is responsible for enforcing the Regulations, whose purpose is promoting and encouraging competition by preventing restrictive business practices and other restrictions that deter the efficient operations of markets, thereby enhancing the welfare of consumers in the Common Market.  The Commission is composed of two enforcement institutions:

  • The Secretariat which is headed by a Director appointed under Article 9 of the Regulations. The Secretariat is also composed of staff members appointed by the Director with the approval of the Board. The Secretariat is responsible for carrying out investigations and advocacy work of the Commission among other things. The Commission’s Secretariat commenced its operations on the 14th of January 2013 and is located in Lilongwe, Malawi. The Commission’s Secretariat has so far 15 staff members; and
  • The Board of Commissioners which is established and appointed under Articles 12 and 13 of the Regulations respectively, is mandated with issuing determinations, performing adjudicative functions on any matter considered by it, hear appeals and recommending Rules for approval by the COMESA Council of Ministers (the Council) among others. Pursuant to Article 13 (4) of the Regulations, the Chairperson of the Board may assign three of the Commissioners to constitute a Committee responsible for Initial Determinations of matters brought before it.

In its 2020 Work Programme, the Commission has planned to review its current Strategic Plan (2016-2020) and develop the four-year Strategic Plan for the period 2021-2025.

 

  1. BACKGROUND

Since commencement of its operations, the Commission developed its first Strategic Plan in 2015 which was designed for a four year period that is from 2016 to 2020.  The Strategic plan (2016-2020)  comprises of four (4) strategic issues and 13 objectives which are illustrated below.

Furthermore, a matrix of strategic objectives, initiatives, targets, indicators and source of verification were developed as part of the Strategic Plan of 2016-2020 and the Commission conducted annual performance appraisal of its Division’s and/or staff members using this matrix.

As implementation of the Strategic Plan reaches its final year, the Commission found it necessary to undertake assessment of its implementation. The purpose of the assessment is to review the effectiveness of the Strategic plan in terms of its design and implementation. The assessment result will therefore enable the Commission have a baseline to the development of the Strategic Plan for the year 2021-2025.

3.  OBJECTIVES

The objective of this consultancy is to assess the current Strategic Plan 2016-2020 to determine:

  • how effective the Strategic Plan has been in facilitating the Commission in executing its mandate, vision, mission and values;
  • the effectiveness of the Strategic Plan implementation that is its:.
    • Design, Implementation and Outcomes (Impact)
    • Relevance, efficiency, effectiveness and sustainability. and

Further, the objective of the consultancy is to assist the Commission in the development of the subsequent Strategic Plan (2021-2025).

 

4. SCOPE OF WORK

 In carrying out the Review of the Strategic Plan the Consultant will:

  • Review the relevance of the Plan (Objectives and other implementation requirements);
  • Assess the delivery of the Strategic Plan outcomes and propose areas for improvement;
  • Assess the relevance of the indicators and targets in measuring the outcomes;
  • Provide recommendations on how the Strategic Plan could be improved effectively to ensure the Commission execute its mandate and assist the Commission in the development of the Strategic Plan (2021-2025).

 

5. EXPECTED OUTPUTS

The Consultant will be expected to deliver the following:

  • A draft report on the results of the review of the desk study;
  • A presentation to the Commission that will outline the main findings of the review of the Strategic Plan;
  • Recommendations on the subsequent Strategic Plan of the Commission.
  • Assistance of the Commission in the development of the Strategic Plan for 2021-2025.

 

6. TIMELINE AND DELIVERABLES

The assignment will be expected to be conducted within 60 calendar days (Two months) from the date of signing of contract. The assignment is expected to have the following outputs which shall be delivered in three phases:

No Phases Deliverable
1. Phase 1 A desk review supported by the Logical Framework that will look at the outputs of programmes by specific Divisions.
2. Phase 2 Interviews with staff of Commission, Heads of national competition. consumer protection authorities, and Ministries responsible for competition law enforcement to be undertaken to ascertain the challenges faced in implementing the Strategic Plan and what actions have been taken to address these challenges.
3. Phase 3 Provide recommendations for the subsequent Strategic Plan of the Commission.
4. Phase 4 Assist the Commission in the development of Strategic Plan (2021-2025)

 

7. QUALIFICATION AND RELEVANT EXPERTISE

In order to be eligible for participation in this tender process, prospective Consultant or Consultancy firm must demonstrate a proven track record of developing work of this nature at national or regional level. Applicants must also demonstrate knowledge on Strategic Planning and its development for competition or consumer authorities. Specifically, Consultant must demonstrate the following:

  • Hold at least a masters degree in the relevant field from a recognized University;
  • Have at least ten (10) years’ relevant experience;
  • Clearly demonstrate proof of similar work done at national or regional or international level; and
  • Clearly demonstrate their capacity to meet the specified deadlines.

 

8. SELECTION

The service will be awarded to the successful firm based on the most economically advantageous tender on factors such as quality of the proposed service and the indicative costs.

 

9. APPLICATION

Responses to this Request for technical and financial proposal should include the following:

  • A proposal for the consultancy service;
  • A brief cover letter indicating relevant experience and any information about availability
  • Curriculum Vitae or profile of the Consultant(s);
  • Financial Proposal: The service providers should identify rates which should be valid for the entire length of the assignment in United States Dollars (USD).
  • Vendors should also provide that:
    • They have the legal capacity to enter into the contract;
    • They are not insolvent, in receivership, bankrupt or being wound up, their business activities have not been suspended, and they are not the subject of legal proceedings for any of the foregoing;
    • They have fulfilled their obligations to pay taxes and social security contributions, and for that purpose, documentary evidence to be provided by a foreign candidate to demonstrate that it meets the criterion in this paragraph may consist of a written declaration to that effect by the candidate;
    • That their servants, or agents have not offered any inducement to any employees of the Commission.

 Note- The financial proposal to be provided should be exclusive of any form of taxes or charges to be imposed by the Government of Malawi or the local government of the Consultant/Consultancy firm.

              

10. COORDINATION AND CONSULTATION

The Consultant is expected to perform the assignment in consecutive consultation meeting with management and staff members of the Commission. The Consultant is expected to work closely with the Office of the Director of the Commission.

11. SUBMISSION

 Responses to this request for proposal (in PDF formats only) must be submitted to the Commission by 31st March 2020 through the email compcom@comesa.int  and/or posted directly to:

 

The Director and Chief Executive Officer,

COMESA Competition Commission,

5th Floor Kang’ombe House,

P.O Box 30742,

Lilongwe 3,

MALAWI.

Tel. +265 1 772 466

 

 

Click here to download the Request for Proposal.

 

NOTICE ON CHANGE OF BANK ACCOUNT NUMBER

CCC Notice Number 3 of 2020

 

The COMESA Competition Commission (the “Commission”) wishes to inform the general public and stakeholders, who are required to make fee payments to the Commission that its Ecobank Malawi account number has changed. Hence, the Bank account details of the Commission have been revised as follows:

 

1. Standard Bank Malawi

 

 

2. Ecobank Malawi Limited

 

Bank Name Standard Bank Malawi Bank Name Ecobank Malawi Limited.
Account Name COMESA Competition Commission Revenue Account Name COMESA Competition Commission
Account Number 9100003317207 Account Number 5422500000381
Branch Name Capital City Branch Branch Name Kanengo
Branch Code Code 1015 Swift Code ECOCMWMW
Swift Code SBICMWMX Correspondent Bank Name Citibank NA
Bank’s Address P O Box 30380, Lilongwe, Malawi, Africa Correspondent Bank Address 111 Wall Street, Zone 1, Ny 10005, New York, USA
Correspondent Bank Name: Deutsche Bank Trust – Company Americas Swift Code for Correspondent Bank CITIUS33
Swift Code For Correspondent Bank BKTRUS33 Ecobank Malawi Limited A/c No.

with Correspondent Bank

36159937

 

 

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

 

Click here to download the Notice on Change of Bank Account Number

PRODUCT RECALL OF CERTAIN PILCHARD PRODUCTS (TINNED FISH) IN SOUTH AFRICA

CCC -CP -NOTICE-1-of-2020

WARNING NOTICE TO THE PUBLIC

The COMESA Competition Commission (the “Commission”) hereby notifies the general public that the National Regulator for Compulsory Specifications (NRCS) in South Africa has ordered for a national recall of 400g Pilchards in Tomato Sauce and 400g Pilchards in Chilli Sauce (Tinned Fish) with immediate effect. This is following the outcome of an investigation by NRCS which revealed a deficiency in the canning process. It was found that some of the cans were compromised during the sauce filling step on the production line and therefore could affect the safety of consumers. The recalled products were manufactured in 2019 by West Point Processors based in Cape Town and include the following brands:

  • Deep Catch
  • Mammas
  • OK Housebrand
  • Prime Ocean
  • Spar
  • Sunny
  • Shoprite Ritebrand
  • Cape Point
  • Checkers Housebrand
  • U Brand
  • Saldanha
  • West Point

The above products bear the markings starting with ZST29 and ZSC29 on top of the can.

In view of the foregoing and pursuant to Article 30 (1) (b) of the COMESA Competition Regulations (the “Regulations”), the Commission would therefore like to inform the general public to exercise caution and avoid consumption of the affected pilchard products.

 

The Commission welcomes any representations on the matter from all interested stakeholders and the general public. Should you require more information or clarification on the matter you may contact the Commission on +265 1 772 466 or email: compcom@comesa.int.

 

George K Lipimile

Director & Chief Executive Officer

 

Click here to download the Notice.

 

 

NOTICE OF CLOSURE OF THE OFFICE OF THE REGISTRAR ON OFFICIAL HOLIDAYS IN THE YEAR 2020

                                                                                                                                          CCC Notice No. 2 of 2020

 

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 2020 on the following dates:-

Official Holiday

Date
New Years’s Day 1st January 2020
John Chilembwe Day 15th January 2020
Martyrs Day 3rd March 2020
Good Friday 10th April 2020
Easter 12th and 13th April 2020
Labour Day 1st May 2020
Kamuzu Day 14th May 2020
Independence Day 6th July 2020
Mother’s Day 15th October 2020
Christmas 25th December 2020

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.”