Times Of Swaziland: CCC TO ENFORCE ANTI-COMPETITIVE BUSINESS PRACTICES

CCC TO ENFORCE ANTI-COMPETITIVE BUSINESS PRACTICES
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Nhlanganiso Mkhonta on 21/08/2024 07:20:00


LIVINGSTONE, ZAMBIA – COMESA Competition Commission (CCC) Director Boniface
Makongo says they are currently working on enforcing anti-competitive business
practices in the region.
Makongo said the commission’s enforcement priorities are promoting and
encouraging competition by preventing restrictive business practices and other
restrictions that deter the efficient operation of markets. Makongo was making
his presentation during the 18th Business Reporters Workshop held in
Livingstone, Zambia. The COMESA Competition Commission is a regional body
established under Article 6 of the Regulations made under the Common Market for
Eastern and Southern Africa (COMESA) Treaty.
Monitoring
The commission’s core mandate is to enforce the provisions of the regulations,
with regard to trade between member States and promote competition within the
common market, through monitoring and investigating anti-competitive practices
of undertakings and mediating disputes between Member States concerning
anti-competitive conduct. He said vertical agreements continue to be assessed
under the rule of reason framework to ensure that conduct which cannot be
economically justified does not prevail in the market.
He highlighted that the commission observed territorial restrictions to be a
common factor in such agreements, and these are harmful to the attainment of
regional integration, because they restrict the actual movement of goods across
borders. Makongo said as part of their enforcement, they were going to see an
overhauling of the COMESA merger control regime, from non-suspensory to
suspensory. He said merging parties will no longer be allowed to implement a
merger without approval from the commission. He said the overhauling also speaks
to harmonisation with international best practices and regime adopted in most
member States.
Acquisitions
He said they will also be introducing thresholds for digital markets to prevent
‘killer acquisitions’ falling under the commission. Makongo added that in
any merger notifications they will be providing for expansion of public interest
considerations in merger assessment. He said the new regime expected to be in
place by end 2024.