COMESA Competition Commission Seeks Public Comments on its Draft Guidelines

The COMESA Competition Regulations, 2004 (the Regulations) were adopted by the COMESA Council of Ministers in December 2004 in accordance with Article 55(3) of the COMESA Treaty.  The Regulations entered into force by virtue of Article 12(1) of the COMESA Treaty in December 2004 upon their publication in the COMESA Official Gazette Vol. 9 No.2 as Decision No. 43 in Notice No 2 of 2004.  Thereafter, the COMESA Competition Commission (the Commission) was established under Article 6 of the Regulations and became operational on 14th January 2013.

The Commission is charged with the administration and enforcement of the Regulations and is hereby seeking public comments on the following draft guidelines to the Regulations:

  1. DRAFT MERGER ASSESSMENT GUIDELINE 2013
  2. DRAFT MARKET DEFINITION GUIDELINE 2013
  3. DRAFT PUBLIC INTEREST GUIDELINE 2013
  4. DRAFT GUIDELINE ON THE APPLICATION OF ARTICLE 16 AND 19
  5. DRAFT GUIDELINE ON THE APPLICATION OF ARTICLE 18

The Commission has prepared these guidelines as part of its ongoing efforts to clarify and publish guidance about its enforcement policies and practices.

In the preparation of these guidelines, the Commission has made wide consultations with the various stakeholders in the Member States.  The Commission further consulted existing literature on the subject matter including the European Union (EU) competition regulations and guidelines, the prevailing regulations and rules of member states and competition regulations of most of the developed competition systems internationally.  Suffice to say that the approach was to keep ourselves within the context of the Common Market environment and the spirit of COMESA Regulations and Rules.

Since there is no finality in legislating on documents of this nature, we tried to focus on what is prevailing in the Common Market and its nature of the business environment.  We have also tried to include the ‘recommended best practices’ in the administration and enforcement of competition law and policy.  With your assistance with comments and advice, we hope that the final drafts will address most of the challenging competition problems faced in the Common Market.

We wish to thank those Consultants who were initially engaged to draft the guidelines as the current documents are based on the work that they initiated.  Further, we wish to thank the resource persons and other experts who contributed to the process of operationalizing the Regulations.

Interested parties are kindly requested to mail or email their comments and contributions no later than 30th May 2013 to:

Responses are currently closed, but you can trackback from your own site.

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