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CALL FOR PROPOSALS: PROVISION OF GENERAL INSURANCE SERVICES

REF: CCC/CFP/2/1/2020

 

  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.

 

This document constitutes the formal Request for Proposals (RFP) for Provision of General Insurance Services to the Commission for a period of two years with the possibility of extension subject to satisfactory performance.

 

  1. OBJECTIVE

This Request for Proposal (RFP) document is intended to lead to the identification of potential qualified Insurance Companies and/or Insurance Brokers that can demonstrate having sufficient capacity and experience to provide General Insurance Services in the best way possible and in a manner that enables the Commission to meet its expectations.

 

The Commission is therefore soliciting from interested Insurance Companies and/or Insurance Brokers proposals for such services and required coverage include but is not limited to:

  • Office combined (including office furniture & office equipment)
  • Vehicle Insurance

 

  1. SCOPE OF SERVICES

 The scope of this requirement is to provide general insurance services to the COMESA Competition Commission.  Some of the key services will include:

  • Insurance cover placement of new and renewal of insurance policies.
  • Insurance policy review – review and provide expertise on insurance policies in place to ensure adequacy of cover, analysis of any change in the Commission’s insurance needs and changes in the insurance market.
  • Process all Commission’s claims.
  • Valuations of all Commission’s assets.
  • General advisory services – timely advice on trends in the industry, changes in relevant laws and the likely impact.
  • Any other value insight not captured above.

 

  1. QUALIFICATION AND RELEVANT EXPERIENCE

In order to be eligible for participation in this tender process, prospective companies must demonstrate clearly a track record of carrying out services of this nature at national or regional level. Specifically, companies must demonstrate the following:

 

  1. That they possess the necessary professional and technical qualification and competence, financial resources, equipment and other physical facilities, managerial capability, experience to perform this contract;
  2. That they have the legal capacity to enter into the contract;
  3. That they are 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.
  4. That they have fulfilled their obligation to pay taxes, and social security obligations;
  5. Have at least five (5) years’ experience in provision of general insurance services.

 

  1. SELECTION

Only Companies who meet our minimum requirements will be considered for further discussions.  The Commission reserves, at its sole discretion, the right to select or reject, either in totality or partially, any or all proposals made in the context of this request.  Any such decisions made will be final and no correspondence will be engaged into, other than for informing the bidders of the outcome of the process.

 

  1. APPLICATION

Responses to this call for proposals should include the following:

  • A proposal for the provision of the general insurance services;
  • A brief cover letter indicating relevant experience;
  • Profile of the company or Curriculum vitae of its Directors

 

  1. SUBMISSION OF RESPONSES

 Interested companies should submit their responses to this RFP to the Commission to the following email compcom@comesa.int  or posted/delivered to the address below on or before 17:00 hours on Friday, 20th March 2020

 

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 Call for Proposal

 

NOTICE: SUSPENSION OF PHASE 1 AND 2 REVIEW PERIOD FOR MERGER ASSESSMENT

CCC/NOTICE/2/1/2020

The COMESA Competition Commission (the “Commission”) wishes to inform parties to mergers and acquisitions, the general public and all concerned stakeholders that it has suspended the implementation of Phase 1 and Phase 2 review periods for merger assessment, as provided under Section 6 of the 2015 COMESA Merger Assessment Guidelines (the “Guidelines”).

Article 26 of the COMESA Competition Regulations mandates the Commission to notify all affected Member States of notified mergers in order to seek their views on the merger. Therefore, the Commission is still consulting with the Member States to arrive at optimum merger review periods for both Phases 1 and 2.

In view of the foregoing, the public is hereby informed that Sections 6.3 to 6.17 of the Guidelines are not currently being applied by the Commission, until further notice. This notwithstanding, the Commission shall continue to endeavour to conclude the assessment of notified mergers as soon as is practically possible within the statutory period provided by the Regulations. This Notice is effective starting 6th February 2020. Note: this Notice also applies to all merger transactions that are currently under review by the Commission.

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 wmwemba@comesa.int.

 

George K. Lipimile

Director & Chief Executive Office

 

Click here to download the Notice.

ADDENDUM NO 1 TO CALL FOR APPLICATIONS FOR NINE (9) PROFESSIONAL POSTS OF THE COMESA COMPETITION COMMISSION  


This serves to notify prospective applicants that the COMESA Competition Commission (the Commission), wishes to issue this addendum amending the Call for Applications for the following Nine (9) Professional Posts of the Commission.

 

S/N NAME OF VACANT POSTS GRADE NO. OF

POSTS

1.    Manager – Consumer Welfare and Advocacy P4 1
2.    Senior Human Resources 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

 

The addendum to the advertisement is as follows:

 

  1. SECTION 2. POST TWO: SENIOR HUMAN RESOURCES AND ADMINISTRATION OFFICER (RE-ADVERTISEMENT)

 

By the deletion of the salary scale under sub paragraph 2.1 and substituting it with the following:

 

 

“SALARY SCALE:                COM$48,575 – COM$59,703 per annum”

 

  1. Deleting the term “including house allowance” from the Salary Scale of all the 9 professional posts.

 

  1. PARAGRAPH 12, FORMAT OF APPLICATION

 

By deleting sub paragraph 1 of paragraph 12 and substituting it with the following:

 

“Applications must be submitted to COMESA Coordinating Ministries of the respective Member States.”

 

Addendum

Click here to download the English version of the addendum to Call for Applications for Nine Professional Posts of the Commission;

Click here to download the French version of the addendum to Call for Applications for Nine Professional posts of the Commission; and

Click here to download the Arabic version of the addendum to Call for Applications for Nine Professional posts of the Commission.

Revised Call for Applications

Click here to download the English version of the revised Call for Applications for Nine Professional Posts of the Commission

Click here to download the French version of the revised Call for Applications for Nine Professional posts of the Commission; and

Click here to download the Arabic version of the revised Call for Applications for Nine Professional posts of the Commission.

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.

 

 

CALL FOR APPLICATIONS FOR NINE (9) PROFESSIONAL POSTS

CALL FOR APPLICATIONS FOR NINE (9) PROFESSIONAL POSTS OF THE COMESA COMPETITION COMMISSION

The Commission is looking  to recruit suitably qualified nationals of the COMESA Member States to fill the following posts tenable at the Commission in Lilongwe, Malawi.

Applications are therefore invited from suitably qualified and experienced professionals for the following positions:

S/N NAME OF VACANT POSTS GRADE NO. OF

POSTS

1.    Manager – Consumer Welfare & Advocacy P4 1
2.    Senior Human Resources 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

Applications MUST be submitted through the Coordinating Ministries of the respective member States on the prescribed COMESA APPLICATION FORM. Applications submitted directly to the Commission will not be considered and only short-listed candidates will be contacted.

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.

NOTICE OF CLOSURE FOR 2019 FESTIVE HOLIDAYS

CCC/NOTICE/1/2019

 

It is hereby notified that the COMESA Competition Commission (the “Commission”) will be officially closing for the 2019 festive holidays as from Friday 20th December 2019 to Sunday 5th January 2020 and will reopen on Monday 6th January 2020.

 

Kindy 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 in accordance with 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 2019 and Happy New Year 2020.

 

 

COMESA COMPETITION COMMISSION GUIDELINES ON MARKET DEFINITION, RESTRICTIVE BUSINESS PRACTICES AND ABUSE OF DOMINANCE APPROVED

The COMESA Competition Commission (the “Commission:) wishes to inform the general public that the Board of Commissioners at its meeting held on 2nd April 2019 approved three Guidelines prepared in accordance with the COMESA Competition Regulations (the Regulations) and Rules namely:

The three Guidelines were prepared in accordance with international best practice in competition law and policy and had various consultations with National Competition Authorities of COMESA Member States; lawyers in the region and beyond; and other stakeholders.

 

Particularly, the Guidelines on Restrictive Business Practices deals with the application of Article 16 (1) of the Regulations and it was prepared with the aim to provide clarity and predictability as regards the general analytical framework of the Commission in determining cases of vertical and horizontal agreements.

 

Likewise, the Guidelines on Abuse of Dominance deals with the application of Article 18 of the Regulations and it was prepared with the aim to provide clarity, predictability and transparency as regards the general analytical framework employed by the Commission in determining cases of abuse of dominance.

 

As regards the Guidelines on Market Definition, it provides the framework applied by the Commission when assessing competition cases including mergers and acquisitions, abuse of dominance and vertical and horizontal restrains. The same Guidelines further provides users of the Regulations predictability and regards the Commission’s approach to market definition.

 

George Lipimile

Director & Chief Executive Officer

 

Click here to download the COMESA Guidelines on Market Definition

Click here to download the COMESA Guidelines on Restrictive Business Practices

Click here to download the COMESA Guidelines on Abuse of Dominance

 

The COMESA Competition Commission Commitment on Strengthening Cross-Border Consumer Protection Collaboration

On
5th – 8th May, 2019, the COMESA Competition Commission
(the “Commission”) and other agencies responsible for enforcing consumer
protection and related laws in 20 African countries met in Livingstone, Zambia for
the 10th African Consumer
Protection Dialogue Conference under the theme “Celebrating a Decade Growth for African Cross Border Consumer
Protection Collaboration.”

The Commission, together with the other agencies, recognized the achievements made by the African Dialogue and African
countries including COMESA Member States  towards consumer protection, and pledged to
enhance their future collaboration.

The
Commission reaffirmed its commitment to the African Dialogue Livingstone
Principles (the “Livingstone Principles”) on Cooperation in Consumer Protection
Enforcement adopted in Zambia in 2013 and pledged to continue the
implementation of the Livingstone Principles.

The
Commission, inter alia, recognized that cross-border, regional and
international collaboration for a robust, more comprehensive consumer
protection regime remains crucial for consumer protection authorities, regional
bodies and relevant stakeholders.

The
Commission acknowledged that with increasing integration of markets and technological advances, the
relevant markets for consumer transactions are consistently extending beyond
national boundaries. Further, consideration should be given to the new
restructuring of markets at national, regional, and continental level directly
and indirectly affect the consumer in many ways.

In his
remarks, the Director and Chief Executive Officer of the Commission, therefore,
called upon participating countries and institutions to fully participate in
the African Continental Free Trade Area negotiations which will result in a continental
market that will present enormous challenges to consumer protection. The
Commission further called for the African continent to put in place a robust
legal framework for consumer protection.

George K. Lipimile,

Director and Chief Executive Officer,

COMESA Competition Commission,

P.O. Box 30742,

Lilongwe 3.

Malawi.

Email: compcom@comesa.int

Tel: +265 1 772 466

Website: www.comesacompetition.org

Click here to download the Press Release.

COMESA Competition Commission warns Ethiopian Airlines against violation of passenger rights through misleading statements of its Customer Services Policies

Click here to download the Press Release

COMESA Competition Commission Closes Investigation into Resale Price Maintenance in the Distribution Agreements between Coca-Cola Beverages Africa Proprietary Limited and its Distributors

                                                                            

In January 2018, the COMESA Competition Commission (“the Commission”) became aware of distribution agreements between Coca-Cola Beverages Africa Proprietary Limited(“CCBA”) and third-party distributors, which contained clauses stipulating the resale price at which various non-alcoholic beverages under trademarks of The Coca-Cola Company (“TCCC”) were to be sold. CCBA is a subsidiary of The Coca-Cola Company (“TCCC”).

Following a preliminary inquiry, the Commission instituted a formal investigation under Article 22 of the COMESA Competition Regulations (“Regulations”), by duly serving CCBA with a Notice of Investigation on 15th January 2018. The objective of the investigation was to determine whether the resale price maintenance clauses in the agreements were violating the Regulations.

The Commission noted that CCBA’s pricing behaviour was not effectively constrained by that of its competitors. Further that the stipulation of prices by a market leader was likely to lead to an inflation of prices of competing brands in the market where the incumbents set their prices in a similar fashion as that of the market leader. The overall effect of this would be higher prices for consumers.

To address the Commission’s concerns, the CCBA undertook to amend its agreements in the market by removing the clauses which stipulate the prices and profit margins for the sale of its products. Furthermore, the CCBA undertook to implement a compliance programme designed to ensure that in future its employees, management and directors do not engage in conduct that contravenes the Regulations.

The Commission will continue to monitor the sector closely.

NOTICE OF CLOSURE OF THE OFFICE OF THE REGISTRAR ON OFFICIAL HOLIDAYS IN THE YEAR 2019

CCC Notice No. 1 of 2019

 

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 2019 on the following dates:-

Official Holiday

Date
New Years’s Day 1st January 2019
John Chilembwe Day 15th January 2019
Martyrs Day 3rd and 4th March 2019
Good Friday 19th April 2019
Easter 21st and 22nd April 2019
Labour Day 1st May 2019
Kamuzu Day 14th May 2019
Election Day 21st May 2019
Independence Day  6th and 8th July 2019
Mother’s Day 15th October 2019
Christmas 25th December 2019

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.