Notice: Suspension of Phase 1 and 2 Review Period for Merger Assessment
February 6th, 2020 Competition Commission
CCC/NOTICE/2/1/2020
The COMESA Competition Commission (the “Commission”) wishes to inform parties to mergers and acquisitions, the general public, and all concerned stakeholders that it has suspended the implementation of Phase 1 and Phase 2 review periods for merger assessment, as provided under Section 6 of the 2015 COMESA Merger Assessment Guidelines (the “Guidelines”).
Article 26 of the COMESA Competition Regulations mandates the Commission to notify all affected Member States of notified mergers in order to seek their views on the merger. Therefore, the Commission is still consulting with the Member States to arrive at optimum merger review periods for both Phases 1 and 2.
In view of the foregoing, the public is hereby informed that Sections 6.3 to 6.17 of the Guidelines are not currently being applied by the Commission, until further notice. This notwithstanding, the Commission shall continue to endeavour to conclude the assessment of notified mergers as soon as is practically possible within the statutory period provided by the Regulations. This Notice is effective starting 6th February 2020. Note: This Notice also applies to all merger transactions that are currently under review by the Commission.
If you wish to seek further details and/or clarifications on any aspect of this Notice, you may get in touch with Mr. Willard Mwemba, Manager, Mergers and Acquisitions, on +265 (0) 1 772 466 or via email at wmwemba@comesa.int.
George K. Lipimile
Director & Chief Executive Office