8 August 2022
NOTICE OF WITHDRAWAL OF PRACTICE NOTE, “CCC – MER – PRACTICE NOTE 1 of 2021” REGARDING THE COMMISSION’S APPLICATION OF THE TERM “OPERATE” UNDER THE COMESA COMPETITION REGULATIONS AND THE “APPLICATION OF RULE 4 OF THE RULES ON THE DETERMINATION OF MERGER NOTIFICATION THRESHOLDS AND METHOD OF CALCULATION”
The COMESA Competition Commission (the “Commission”) wishes to inform all stakeholders that it has, with immediate effect, withdrawn the “Practice Note on the Commission’s Application of the Term Operate under the COMESA Competition Regulations and the Application of Rule 4 of the Rules on the Determination of Merger Notification Thresholds and Method of Calculation” which was issued on 13 February 2021 and referred to as CCC – MER – Practice Note 1 of 2021.
The Practice Note has been withdrawn following a number of requests for clarifications sought by stakeholders regarding the Commission’s application of Rule 4 of the Rules on Merger Notification Thresholds and Method of Calculation (the “Rules on the Determination of Merger Notification Thresholds”). The Commission is therefore considering these requests for clarification and shall review the Practice Note accordingly. Stakeholders shall immediately be informed when the revised Practice Note is published.
The Commission wishes to inform all stakeholders that all matters relating to the notification of mergers remain guided by the relevant provisions under the COMESA Competition Regulations, the COMESA Competition Rules and the non-binding COMESA Merger Assessment Guidelines.
We thank our stakeholders for their continued support of the development of the COMESA Merger Control Law.
Dr. Willard Mwemba
Director and Chief Executive Officer
Click here to download the NOTICE OF WITHDRAWAL OF PRACTICE NOTE, “CCC – MER – PRACTICE NOTE 1 of 2021”
In commemoration of the 2022 World Consumer Rights Day, the COMESA Competition Commission, in collaboration with Trade Competition and Consumer Protection Authority of Ethiopia, sponsored the airing of a TV talk show to enhance consumer awareness on issues pertaining Digital Financial Services (DFS), in line with this year’s theme, “Fair Digital Finance”
The Talk show was aired on a national TV, Fana Broadcasting Corporate S.C, in Amharic language on 15th March 2022, at 20:30 Hours (Ethiopian Time)
Click here to watch the talk show aired by Fana Broadcasting Corporate S.C Ethiopia in commemoration of 2022 World Consumer Rights Day
PRACTICE NOTE NO. 01 OF 2022
GUIDANCE ON THE TREATMENT OF CONFIDENTIALITY CLAIMS SUBMITTED TO THE COMESA COMPETITION COMMISSION
INTRODUCTION
- The COMESA Competition Regulations of 2004 (the “Regulations”) empowers the COMESA Competition Commission (the “Commission”) to request for submission of information in furtherance of assessments or investigations carried under Parts 3, 4, and 5 of the Regulations relating to restrictive business practices, mergers and acquisitions and consumer protection.
- The concerned parties are required to claim confidentiality in a prescribed manner regarding the information submitted to the Commission as per the guidance provided under the Confidentiality Claim Form-(Form 2). Upon assessment of the confidentiality claim and engagement with the parties and reaching an agreement on confidential information, the Commission grants confidentiality.
- Upon the conclusion of an assessment or an investigation, pursuant to Rule 28 of the COMESA Competition Rules, the Commission publishes a summarized version of its decision on its website. These decisions often include information provided by concerned parties and also information gathered during the assessment or investigation. Prior to the publication of such decisions, the Commission has in the past engaged the owners of the information to confirm that the decisions do not contain business secrets or other confidential information. The Commission has however noted that the current practice has resulted in delays in the publication of decisions.
- The Commission therefore wishes to remind all undertakings, associations of undertakings and persons that they must clearly identify all the confidential information in any submissions and/or documents made to the Commission and relevant justifications, through the submission of a duly completed Form 2, which will then be assessed by the Commission and then form the basis for granting or not granting confidentiality as may be requested by the concerned parties.
- Parties are advised that henceforth, the Commission, in consideration of information to be disclosed in decisions that it intends to publish, will be guided by the submitted and completed Form 2. The Commission shall not assume liability over disclosure of information over which parties have not claimed confidentiality in the prescribed manner.
- The Commission also wishes to clarify that the foregoing does not affect the Commission’s practice where there is a disagreement between the parties and the Commission on what qualifies as confidential information claimed in the Form 2. In such instances, the parties shall be provided an opportunity to make further submissions, and if the parties remain aggrieved, the matter will be referred to the Committee Responsible for Initial Determinations for its consideration and decision.
CLICK HERE TO DOWNLOAD THE GUIDANCE ON THE TREATMENT OF CONFIDENTIALITY CLAIMS SUBMITTED TO THE COMESA COMPETITION COMMISSION
CCC Notice No. 1 of 2022
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 2022 on the following dates:-
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OFFICIAL HOLIDAY |
DATE |
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New Year’s Day |
1st and 3rd January 2022 |
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John Chilembwe Day |
15th and 17th January 2022 |
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Martyrs Day |
3rd March 2022 |
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Good Friday |
15th April 2022 |
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Easter |
17th and 18th April 2022 |
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Labour Day |
1st and 2nd May 2022 |
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Eid al-Fitr |
May 2022* (to be confirmed by the Government of Malawi) |
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Kamuzu Day |
14th and 16th May 2022 |
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Independence Day |
6th July 2022 |
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Mother’s Day |
15th and 17th October 2022 |
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Christmas |
25th , 26th and 27th December 2022 |
“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 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:
The Registrar
COMESA Competition Commission
5th Floor, Kang’ombe House
P.O. Box 30742
Lilongwe 3, Malawi
Office Phone: +265 (0) 1 772466
Email: mdisasa@comesa.int or compcom@comesa.int
www.comesacompetition.org
Click here to download the Notice of Closure of the Office of the Registrar on Official Holidays in the Year 2022
CCC/NOTICE/2/2021
NOTICE OF CLOSURE FOR 2021 FESTIVE HOLIDAYS
It is hereby notified that the COMESA Competition Commission (the “Commission”) will be officially closing for the 2021 festive holidays as from Monday 20th December 2021 to Sunday 9th January 2022 and will reopen on Monday 10th January 2022.
Kindly 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 or filed 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 2021 and Happy New Year 2022.
The Registrar
COMESA Competition Commission
5th Floor, Kang’ombe House
P.O. Box 30742
Lilongwe 3, Malawi
Office Phone: +265 (0) 1 772466
Email: mdisasa@comesa.int or compcom@comesa.int
www.comesacompetition.org
CLICK HERE TO DOWNLOAD THE NOTICE OF CLOSURE FOR 2021 FESTIVE HOLIDAYS
