Category Archives: NOTICES

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.

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.”

 

 

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.

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.

 

 

NOTICE OF CLOSURE FOR 2018 FESTIVE HOLIDAYS

It is hereby notified that the COMESA Competition Commission (the “Commission”) will be officially closing for the 2018 festive holidays as from Thursday 20th December 2018 to Sunday 6th January 2019 and will reopen on Monday 7th January 2019.

Please take note that during this period, in accordance with Rule 3(2) of the COMESA Competition Rules, the Office of the Registrar of the Commission will be closed for notification of transactions. During this period, stakeholders are invited to contact Mr Ali Kamanga at akamanga@comesa.int or Ms Siboniselizulu Maseko at smaseko@comesa.int for any assistance and clarification.

The Commission wishes all its stakeholders a Merry Christmas 2018 and Happy New Year 2019.

NOTICE OF APPOINTMENT OF THE COMESA COMPETITION COMMISSION BOARD OF COMMISSIONERS

CCC Notice No. 3 of 2018

 

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 meeting held in Lusaka on 15th July, 2018, approved the appointment of individuals from the Member States to serve on the new Board of the Commission for the next three (3) years.

 

The composition of the new Board of the Commission is as follows:

 

Country Commissioner Gender Status
1. Djibouti Ali Hamadou Ali Kako M Newly appointed
2. DRC Trudon Kala Nzembela M Appointed in December 2015
3. Egypt DrAmira Abdel Ghaffar Mohamed. F Appointment renewed
4. Eswatini Thembelihle Precious Dube (Nee Dlamini) F Newly appointed
5. Ethiopia Michael Teklu Beyene M Newly appointed
6. Kenya Danson Mungatana M Newly appointed
7. Malawi Charlotte Wezi Malonda F Newly appointed
8. Mauritius Deshmuk Kowlesseur M Appointed in December 2015
9. Seychelles Francis Lebon M Newly appointed
10. Sudan Islam Tagelsir Ahmed Alhasan M Newly appointed
11. Uganda Patrick Okilangole M Appointment renewed
12. Zambia Brian M. Lingela M Newly appointed
13. Zimbabwe Ellen Ruparanganda F Newly appointed

Click here to download the Notice.

 

 

PRODUCT RECALL ON LIMITED NUMBER OF READY TO EAT SLICED COLD MEATS AND VIENNAS

CCC-CP-NOTICE-2 of 2018

WARNING NOTICE TO THE PUBLIC

Notice is hereby issued by the COMESA Competition Commission (the “Commission”) pursuant to Article 30 (1) (b) of the COMESA Competition Regulations (the “Regulations”), following its CCC-CP-Notice-No.-1-of-2018 on the Listeriosis Outbreak in South Africa, to warn the general public as an additional precautionary measure and avoid consumption of limited number of affected meat products.

Food safety is of a paramount important to consumers in the Common Market and the Commission takes all issues regarding the production of food, specifically those traded in the Common Market, seriously.

 

CCC-CP-Notice-No.-1-of-2018 was issued following the recent announcement of the Department of Health in South Africa on the source of the Listeriosis outbreak and safety recall notices by National Consumer Commission (NCC) of South Africa to Tiger Brands Unit – Enterprise Food and Rainbow Chickens Limited. In this respect, CCC-CP-Notice-No.-1-of-2018 warned consumers against the consumption of the recalled processed meat products which are sold ready-to-eat including polony, viennas/sausages and other cold meats. The Commission wishes to inform the public that CCC-Notice-No-2-of-2018 is issued, as an additional precautionary measure, to warn the consumption of a limited number of meat products, especially viennas and cold meats, listed below:

  • Wafer Thin Chargrilled Ham
  • Wafer Thin Roasted Chicken
  • Wafer Thin Smoked Ham
  • Wafer Thin Cooked Ham
  • Wafer Thin Smoked Chicken
  • Sliced Lean Ham
  • Ham Selection
  • Country Ham
  • Smoked & Roasted Gammon
  • Lunceon Meat
  • Cold Meat Assortment
  • Smoked VIennas
  • Red Viennas
  • Cocktail VIennas
  • Smoked Cheesy Viennas
  • Bulk Salami Sticks
  • Salami Sticks
  • Plain Sticks
  • Plain Salami Sticks
  • Spicy Salami Sticks
  • Plain Salami Bites
  • Coriander Salami
  • Spicy Salami Bites
  • Sliced Salami
  • Salami
  • German Salami
  • Sliced Peppered Salami
  • Spicy Salami
  • Local Chorizo

 

In this regard, the Commission wishes to inform the general public to surrender to relevant authorities of COMESA Member States among others Public Health Departments, any of the products listed above including opened and empty packaging. The Commission has further invoked Article 31 (2) (b) of the Regulations and directed the manufacturers of the said products to cease the exportation into or sale to the public by their distributors and related dealers in the Common Market until such a time when the situation returns to normalcy and the general public are informed accordingly.

 

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

Click here to download the Notice of the Commission issued on 15th March 2018, CCC-CP-Notice No-1-of 2018, Warning the Public on the Listeriosis Outbreak in South Africa.

Click here to download the English Version pdf format of the CCC-CP-Notice-2-of-2018.

Click  here download the French Version pdf format of the CCC-CP-Notice-2-of-2018.

 

Warning Notice to the Public on Listeriosis Outbreak in South Africa

CCC -CP -NOTICE 1 of 2018

WARNING NOTICE TO THE PUBLIC

Listeriosis Outbreak in South Africa

 

The COMESA Competition Commission (the “Commission”) hereby notifies the general public that following investigations by the South African Authorities into the Listeriosis outbreak in South Africa, the National Consumer Commission (NCC) of South Africa has issued safety recall notices to Tiger Brands Unit – Enterprise Food and Rainbow Chickens Limited. The recalled products, which are reported to have been contaminated by Listeria, are processed meat products which are sold ready-to-eat and these include polony, viennas/sausages and other cold meats. The Commission has become aware that there is also further risk of cross-contamination of other ready-to-eat processed meat products through the transfer of listeria from contaminated products, either at production, distribution or retail.

The Commission’s research has revealed that Listeriosis is a food-borne disease which comes due to consumption of contaminated foods, particularly, unpasteurized milk, soft cheese and meat products. It is caused by listeria monocytogenes and unlike most food-borne pathogens, listeria multiplies readily in refrigerated foods that have been contaminated. According to the information available to the Commission, there is no vaccine against Listeriosis.

 

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 meat products. The Commission has further invoked Article 31 (2) (b) of the Regulations and directed Enterprise Food and Rainbow Chickens to Cease the exportation into or sale to the public by their distributor and related dealers in the Common Market until such a time when the situation returns to normalcy and the general public is informed accordingly.

 

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 undersigned on +265 1 772 466 or email: glipimile@comesa.int.

 

Click  here  to download the English Version of the Warning Notice to the Public on Listeriosis Outbreak in South Africa.

Click here to download the French Version of the Warning Notice to the Public on Listeriosis Outbreak in South Africa.