COMESA COMPETITION COMMISSION

DATE: 25^TH SEPTEMBER 2021

 DECISION/MER/20.3/2021

PRESS RELEASE

THE COMESA COMPETITION COMMISSION APPROVES THE  HELIOS TOWERS LIMITED, MADAGASCAR TOWERS S.A AND MALAWI TOWERS LIMITED MERGER

The COMESA Competition Commission (the “Commission”) wishes to inform the general public that the Committee Responsible for Initial Determination (the “CID”) sitting on 23^rd September 2021 approved the proposed acquisition by Helios Towers Limited (“Helios Towers”) of the shares of Madagascar Towers S.A (“Madagascar Towers”) and Malawi Towers Limited (“Malawi Towers”) (together the “Parties”). The Parties have operations in the Common Market for Eastern and Southern Africa (“COMESA”). Helios Towers operates in the Democratic Republic of Congo and is incorporated in Malawi and Madagascar as Helios Towers Malawi Limited and Helios Towers Madagascar Limited. The target firms, Madagascar Towers and Malawi Towers are part of the Airtel Africa Group Companies (“Airtel Africa”) which provide passive telecommunication infrastructure in Madagascar and Malawi, respectively.

The CID determined that the transaction was unlikely to harm the relevant markets nor result in reduced welfare for consumers in Madagascar, Malawi and COMESA at large.

Asked if the parties had paid the fine of USD 102,101.76 imposed on them by the CID through its Decision of 3^rd September 2021, the Registrar of the Commission responded that the parties paid the fine over a week ago on 15^th September 2021. She observed that the parties’ compliance was commendable as this was testimony that the parties are law abiding corporate citizens who take their obligations under the COMESA Competition Regulations (the “Regulations”) seriously. The Registrar reiterated that the Commission has heightened its enforcement activities by detecting, investigating and prosecuting violations of the Regulations.

The Registrar

COMESA Competition Commission

5th Floor-West Wing, 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 PRESS RELEASE FOR THE CCC/DECISION/MER/20.3/2021

CLICK HERE TO DOWNLOAD THE CCC/DECISION/20.3/2021 OF THE APPROVED PROPOSED ACQUISITION