COMESA Competition Commission tightens oversight on mergers and consumer protection

October 10, 2025 in Business, Companies, Markets, Policy by Editor

The COMESA Competition Commission (CCC) has reaffirmed its commitment to safeguarding fair competition consumer welfare across the region, announcing a series of enforcement actions, fines, and regulatory reforms during its third annual press briefing in Nairobi.

Now in its 13th year, the Commission has handled more than 480 mergers and acquisitions, 50 restrictive business practice cases, and 60 consumer protection matters across 21 member states. According to CEO Dr. Willard Mwemba, the body continues to strengthen its legal framework and deepen cooperation with regional and global partners.

“We have made meaningful progress in building a competitive and consumer-friendly market in COMESA,” Mwemba said. “Our interventions are protecting consumers, opening markets, and setting new benchmarks for fair business conduct.”

Major Competition Rulings

Among key decisions this year, the Commission conditionally approved Groupe Canal+’s acquisition of MultiChoice Group Limited, citing potential dominance concerns in the pay-TV market. The deal, which consolidates Canal+’s 45.2% stake in MultiChoice, was cleared after the companies committed to safeguards preventing market foreclosure and protecting local content and jobs.

The Commission also fined Bosch and Johnson Controls International for late merger notifications—USD 1 and USD 8,067 respectively—and BRED Banque Populaire USD 28,050 for a similar breach in its acquisition of BFV–Société Générale Madagascar.

Tackling Anti-Competitive Conduct

Two major beverage giants—Heineken and Diageo—were sanctioned for restrictive distribution practices, including territorial limitations and resale price maintenance. Heineken paid USD 900,000, while Diageo settled for USD 750,000 and revised its distribution agreements in Uganda, Eswatini, and Zambia.

The Commission also resolved a long-running dispute between the Confederation of African Football (CAF) and beIN Media Group over exclusive media rights arrangements. The Appeals Board confirmed a USD 600,000 settlement and directed CAF to adopt transparent, competitive tendering for broadcasting rights.

Protecting Consumers Across Borders

Consumer protection featured prominently in the Commission’s 2025 work programme, particularly in the aviation sector. Airlines including Kenya Airways, Zambia Airways, and Ethiopian Airlines were investigated over flight delays, poor redress systems, and misleading terms. Zambia Airways faces a 2% turnover fine, while Kenya Airways may face penalties pending a committee determination.

The CCC also issued several product safety alerts, including recalls of over 5,000 Ford vehicles, Heartland Foods South Africa cereal products, and Takata airbags linked to global fatalities.

In a proactive move, the Commission developed a Model Consumer Protection Law and Education Curriculum to help member states strengthen their national frameworks. The model addresses emerging risks such as dark patterns, misleading digital content, and false environmental claims.

Towards a New Competition Regime

The Commission is finalizing the first comprehensive amendment to COMESA’s Competition Regulations since 2004. The reforms introduce stronger consumer rights, a suspensory merger regime, provisions on buyer power, and environmental considerations in merger reviews. The revised framework will also rename the agency the COMESA Competition and Consumer Commission.

Expanding Cooperation and Global Reach

Over the past year, the CCC has signed Memoranda of Understanding (MOUs) with Mauritius, Tunisia, Uganda, and Nigeria—bringing the total to 19 member states. It also formalized cooperation with the East African Community Competition Authority (EACCA) and the World Intellectual Property Organization (WIPO).

The Commission’s advocacy for World Competition Day (WCD) gained international traction after Kenya submitted a proposal to the United Nations, backed by 15 countries including Uganda, Mauritius, and Seychelles. The initiative seeks to make WCD a formally recognized UN observance promoting fair markets and consumer rights.

“Our work goes beyond enforcement—it’s about building trust in markets and empowering consumers,” Mwemba said. “By harmonizing competition law and strengthening regional⁹ cooperation, we can make the Common Market more inclusive and resilient.”