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COMESA Overview

Mmadika Moloi and Shawn van der Meulen

Webber Wentzel

Thursday 30 August 2018

Legislation and authorities

COMESA’s competition legislation and authorities

The competition legislation comprises the Common Market for Eastern and Southern Africa (COMESA) Competition Regulations (the Regulations) and the COMESA Competition Rules (the Rules) of 2004. In terms of article 3, the Regulations apply to ‘all economic activities whether conducted by private or public persons within, or having an effect within, the Common Market’, subject to limited exceptions. Article 3 provides further that the Regulations apply to conduct that ‘ha[s] an appreciable effect on trade between member states and which restrict[s] competition in the Common Market’. Enforcement of the Regulations and Rules commenced on 14 January 2013. The COMESA Competition Commission (CCC) has also published merger assessment guidelines (the Guidelines).

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