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CALL FOR APPLICATIONS FOR THE POST OF DIRECTOR (P5) OF THE COMESA COMPETITION COMMISSION

  1. INTRODUCTION AND BACKGROUND

The COMESA Competition Commission (the Commission) is an institution established under Article 6 of the COMESA Competition Regulations (the Regulations). The Commission has the legal capacity required for the performance of its functions under the Regulations in the territory of each COMESA Member State.

 

The Commission’s core mandate is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market, and to protect consumers against offensive conduct by market actors.

 

Pursuant to Article 9 of the Regulations, the Commission would like to recruit the Director to head the Commission. Therefore, applications are invited for the position from suitable candidates from the COMESA Member States.

 

2.  THE POSITION

 

Job Title:                               Director; COMESA Competition Commission

Reporting to:                         Board of Commissioners

Grade:                                    Professional, Level 5 (P5)

Salary Scale:                         COM$70,654 – COM$83,375 per annum plus allowances.

Duty Station:                         Lilongwe, Malawi

 

3.   PURPOSE OF THE JOB

The Director shall be responsible for administering the Commission’s affairs, funds and property and for performing any other functions that may be conferred or imposed upon him/her by or under the Regulations or that the Commission may delegate or assign to him/her. The Director shall perform his duties in accordance with the Commission’s Code of Conduct, and upholding the Commission’s Values, to achieve results in line with its corporate mission and goals.

 

4.   FUNCTIONS OF THE DIRECTOR

The Director shall perform his/her duties in accordance with the COMESA Competition Commission’s Code of Conduct, and upholding the COMESA Competition Commission Values, to achieve results in line with the corporate mission and goals of the COMESA Competition Commission.  The Director shall apply the provisions of these Regulations with regard to trade between Member States and be responsible for promoting competition within the Common Market. In order to accomplish this, the Director shall:

  • Monitor and investigate anti-competitive practices of undertakings within the Common Market, and mediate disputes between Member States concerning anti-competitive conduct;
  • Regularly review regional competition policy so as to advise and make representations to the COMESA Council of Ministers with a view to improving on the effectiveness of the Regulations;
  • Help Member States promote national competition laws and institutions, with the objective of the harmonization of those national laws with the regional Regulations to achieve uniformity of interpretation and application of competition law and policy within the Common Market;
  • Co-operate with competition authorities in Member States;
  • Co-operate and assist Member States in the implementation of its decisions;
  • Provide support to Member States in promoting and protecting consumer welfare;
  • Facilitate the exchange of relevant information and expertise;
  • Enter into such arrangements as will enhance its ability to monitor and investigate the impact of conduct outside the Common Market but which nevertheless has, or may have, an impact on trade between Member States;
  • Be responsible for developing and disseminating information about competition policy and consumer protection policy;
  • Co-operate with other agencies that may be established or recognized by COMESA to monitor and regulate any specific sector; and
  • Legally represent the Commission vis – a – vis third parties and the courts.

 

5. QUALIFICATIONS

The right candidate should:

  • be a national of a COMESA Member State;
  • have an advanced degree (at least a Masters) in Law, Commerce, Economics, Business Administration or related field. A PhD in the relevant field will be an added advantage;
  • be older than 35 years by the closing date of the advert.

 

6.      EXPERIENCE

  •  have a minimum of 15 years practical experience in competition law and policy, consumer protection, trade or other related fields;
  • enforcement of competition or consumer law at national or regional level is an added advantage.

 

7.   ATTRIBUTES

 The suitable candidate to be Director of the Commission should have the following attributes:

  • must display and prove creativity in institutional strategic visioning; an appreciation of the vision, mission and objectives of the Commission and the role the Commission plays in realizing the single market integration agenda;
  • must possess demonstrated qualities of success in leadership and management and must be able to manage and embrace change, proactively manages risks and lead operational improvements;
  • must have proven abilities to mobilise and manage resources to achieve stated goals;
  • must possess demonstrated experience in advocacy;
  • must possess excellent interpersonal skills and the ability to interact with persons from diverse disciplines, perspectives and cultures;
  • must have excellent oral and written communication skills;
  • must be a team player who can inspire, direct and motivate staff;
  • must have proficiency in English and/or French and/or Arabic.
  • must have good computer skills; and
  • candidates will be required to provide security clearance before appointment.

 

8.      KNOWLEDGE OF LANGUAGE

Candidates must be proficient in the English and/or French and/or Arabic. A combination of any two or all of these languages will be an added advantage.

 

9. ELIGIBLITY FOR APPLICATIONS

 Applicants should note that the Regulations specify that the Director shall:

  • be a citizen of a Member State;
  • hold office for a term of five years and shall be eligible for re-appointment only for one further term of five years;
  • Commissioners of the COMESA Competition Commission shall not be eligible for appointment as Director of the Commission;
  • not have a criminal record.

 

10.    SUBMISSION OF APPLICATIONS

Applications MUST be submitted through the COMESA Coordinating Ministries of the respective Member States on the prescribed COMESA Application Form which can be accessed and downloaded from the COMESA website: http://www.comesa.int/., Opportunities, COMESA Job Application Format.

 

Applications submitted directly to the COMESA Secretariat or the COMESA Competition Commission will not be considered, and ONLY short-listed candidates will be contacted.

 

Applications must be addressed and submitted to COMESA Coordinating Ministries of the respective Member States for shortlisting.

 

11.  FINAL DATE OF APPLICATIONS

The applications MUST reach the COMESA Coordinating Ministries of the respective Member States by Thursday, 5th November 2020. Accordingly, short-listing reports from the Coordinating Ministries attaching all the relevant documents of the successful candidate should reach the address below by Thursday, 19th November 2020.

  

The Chairman

COMESA Competition Commission

P.O Box 30742

Email: Compcom@comesa.int

Lilongwe

Malawi

 

More information can be found below:

English Call for Application  / COMESA-Job-Application-Form ENG

Arabic Call for Application / COMESA-Job-Application-Form-ARA

French Call for Application / COMESA Job Application Form in French

 

NOTE: Applications MUST be submitted through the Coordinating Ministries of the respective Member States. Click here to access the contact details of the Coordinating Ministries.

Click here to download the Arabic version of the application form.

Click here to download the English version of the application form.

Click here to download the French version of the application form.

CONSUMER ALERT ON PYRAMID SCHEMES

   CCC/CA/8/1/2020

CONSUMER ALERT ON PYRAMID SCHEMES

The COMESA Competition Commission (‘the Commission’) wishes to advise consumers to be on the lookout for pyramid schemes. A pyramid scheme is where a business and its partners encourage people to join at a fee. The people that join are also required to recruit others at a fee to make money. Members of a pyramid scheme make money through the recruitment of others.

The Commission’s attention has been drawn to the activities of Crowd1, which markets itself as a digital multi-level marketing company and whose operations are being investigated in some jurisdictions.  Specifically, the Commission has noted that authorities in the Philippines and Namibia found that Crowd1 members make money by recruiting others and has since been banned in Namibia. In Philippines, authorities issued a cease and desist order to Crowd1 for operating without a license. Further, authorities in Mauritius and New Zealand have issued investor alerts, advising the public to exercise caution in their dealings with Crowd1. Consumers should also be aware that concerns have been raised on the operations of Crowd1 in South Africa where the relevant authorities are still assessing the complaints raised.

The Commission has observed that some pyramid schemes pose as multi-level marketers that pretend to be selling products. However, at close glance there are no sustainable earnings from the sale of the products and members are often advised to recruit others to make money. Pyramid schemes are not sustainable as those at the top of the pyramid benefit at the expense of new recruits.

Consumers are therefore advised to exercise caution when dealing with Crowd 1 and also conduct research about companies they wish to invest in to avoid losing their hard earned money.

 

Click here to download the Consumer Alert on Pyramid Schemes.

Video of the Webinar on ‘Merger Regulation in COMESA Amidst the COVID-19 Pandemic: Challenges and Way Forward’

View/Download Video

On 30th July 2020, the Commision organised a webinar to discuss the challenges posed by COVID 19 on merger control and the way forward. The webinar aimed at providing an update on the experiences of the Commission and selected national competition authorities in the Common Market, as well as legal practitioners in handling merger notifications during the COVID-19 pandemic and a discussion ensued on whether the tools available to the authorities were sufficiently flexible to deal with such exceptional market circumstances, and what changes could be made.

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.