COMESA — pan-African merger control
On 14 January 2013, the Competition Commission for the Common Market for Eastern Southern Africa (COMESA) became operational. This creates a new supranational merger control regime in Africa, which companies will now have to navigate.
The new regime contains a number of potentially significant issues for dealmakers, including broad jurisdictional thresholds with extensive reach to foreign companies, a potentially long review period, an uncertain standstill obligation and very high filing fees.
The COMESA’s Competetition Commission (CCC) has also started to enforce general competition law provisions which govern anti-competitive agreements and abuse of dominance. Businesses with operations in the region will now need to take this further set of competition law rules into account as part of their compliance programmes…
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