Category Archives: Press Releases

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.

Progress on the Investigation into agreements between the Confédération Africaine de Football and Lagardère Sports S.A.S for the Commercialisation of Marketing and Media Rights of Football Tournaments

The COMESA Competition Commission (the “Commission”) commenced investigations on 13th February 2017 on alleged anti-competitive agreements between the Confédération Africaine de Football (“CAF”) and its various stakeholders. The Commission hereby wishes to inform the general public that it has reached an advanced stage in its assessment of these agreements. For more information on the status of the investigation, please see the link below.

CAF_Press Release November 2017

COMESA Competition Commission in NTV Kenya

 

 

 

Source: National TV of Kenya

https://www.youtube.com/watch?v=U6ijr0lSN7g