Monthly Archives: August 2019

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

 

ADDENDUM NO 1 TO CALL FOR EXPRESSION OF INTEREST: SUPPORT FOR COMMITTEE RESPONSIBLE FOR INITIAL DETERMINATION IN THE MATTER INVOLVING CONFÉDÉRATION AFRICAINE DE FOOTBALL AND OTHERS

This serves to notify prospective bidders that the COMESA Competition Commission (the Commission), wishes to issue this addendum amending the Call for Expression of Interest REF: CCC/CEI/7/2/2019 on the Support for Committee Responsible for Initial Determination in the matter involving Confederation Africaine De Football and others

 

  1. Section B on Background of the Commission’s case against Confederation Africaine De Football and Others

 

1.1.      By the deletion of paragraph 4 and substituting it with the following:

 

“The Commission’s investigation report has led to the finding that provisions contained in the CAF/LS agreements and the other subsequent commercial agreements with broadcasters and sponsors relating to the above issues contravened Article 16(1) of the Regulations as they are likely to affect trade between Member States and have as their effect the restriction of competition in the market.”

 

1.2.      By the deletion of paragraph 6 and substituting it with the following:

 

“After completing its investigations, the Commission is planning to conduct a hearing before the Committee Responsible for Initial Determination(CID).”

 

  1. Section E on Expected outputs and deliverables

 

  • By the deletion of paragraph 2 subsection (i) and (ii) and substituting them with the following:

i) “Hold preparatory meetings with the CID on the adequacy and relevance of available information submitted by the Commission and the respondents.”

ii)“Prepare notes during the preparatory meetings and guide the CID in the analysis of the information provided on the scope of work under Section (D) above.”

 

         George Lipimile

The Director and Chief Executive Officer

COMESA Competition Commission

 

Click here to download the addendum to the Call for Expression of Interest:

Click here to download the Call for Expression of Interest: Support for CID in the matter involving confédération Africaine de football and others posted on 24th July 2019.