Frequently Asked Questions

• Anti-competitive business agreements: anticompetitive agreements, decisions or concerted practices which have as their object or effect the substantial lessening of competition within the Common Market. The Regulations further proscribes conducts or agreements between undertakings (in a horizontal or vertical relationships) which are prohibited per se;
• Abuse of a dominant position: conducts by undertakings that exploit or exclude competitors in a manner harmful to competition and consumers. In certain instances, conducts by undertakings that are in a position of superior bargaining position are also prohibited as an abuse of economic dependence even when the dominant position of the undertakings concerned is not established;
• Mergers: mergers with a regional dimension (where parties to a merger operate in two or more Member States meet the prescribed threshold provided in the COMESA Competition and Consumer Protection Rules).
• Consumer protection matters: unfair trade practices such as false and misleading representations, unconscionable conduct, subjecting consumers to unfair contractual terms, supplying unsuitable, defective and unsafe products, failure to comply with product information and safety standards, supplying harmful digital content, and dark patters. The Regulations treat dark patterns as per se offences, making the Commission the first consumer authority in the world to treat consumer violations as per se

The institution that is primarily responsible for the enforcement of the COMESA Competition and Consumer Protection Regulations is the COMESA Competition and Consumer Commission (the “Commission”).

The Commission is composed of its Chief Executive Officer; the Board of Commissioners, and such other staff as may be appointed. The Commission, headed by the Chief Executive Officer, investigates anticompetitive business practices and consumer protection violations, and reviews and decides on mergers with a regional dimension. A Panel Responsible for Determinations is established under Regulation 20 of the Regulations as a decision-making wing of the Commission. The Panel replaced the Committee Responsible for Initial Determinations (the “CID”) which existed under the repealed regulations and was dissolved under the COMESA Competition and Consumer Protection Regulations of 2025. The Panel is composed of Commissioners appointed from the Board of Commissioners and is responsible, among others, for making binding decisions on cases brought before it, making determinations on mergers, and imposing fines and remedies.

The Commission has jurisdiction over competition and consumer protection matters. The Commission regulates all economic activities conducted by undertakings operating within COMESA (including foreign undertakings whose conduct or transactions have an effect within the Common Market) in so far as they have or are likely to have an effect in two or more Member States of the Common Market.

The Commission has an exclusive and primary jurisdiction over matters that have a regional impact. In particular, the Commission’s jurisdiction extends to:

• anti-competitive business practices which may restrict competition in the Common Market, or a substantial part of it;
• mergers which meet the prescribed thresholds (including such non-notifiable mergers which may restrict competition in the Common Market or a substantial part of it); and
• unfair trade practices which have or may have an effect on consumers in the Common Market.

There are two separate legal regimes which govern the enforcement of competition and consumer protection laws in the COMESA region. On the one hand, there are national competition and consumer protection laws which are implemented at national levels on conduct and transactions that are purely domestic and do not affect trade between COMESA Member States. On the other hand, the COMESA Competition and Consumer Protection Regulations operate as a supranational legal framework within the Common Market. The regional legal framework is applied where conduct is likely to have a cross-border impact. While national competition and consumer laws are enforced by national competent authorities of Member States, the COMESA competition and consumer legislation is enforced by the COMESA Competition and Consumer Commission.

The COMESA Competition and Consumer Protection Regulations are binding on all Member States and take precedence over national competition and consumer protection laws in matters with a regional dimension. Member States shall not apply their national legislation to any conduct and/or transaction covered under these Regulations. Where there is a conflict between the provisions of these Regulations and the provisions of the national competition or consumer protection laws with respect to matters with a regional dimension, the provisions of the Regulations shall prevail.

The effective enforcement of the Regulations largely depends on an effective working relationship between the Commission and the national competition and consumer protection authorities of the Member States. The relationship between the national and regional authorities is based on cooperation, coordination and complementarity. Regulation 9 of the COMESA Competition and Consumer Protection Regulations of 2025 empowers the Commission to cooperate with competition and consumer protection authorities of Member States. Member States’ competition and consumer protection authorities are also required to cooperate with the Commission in enforcing the Regulations as well as implementing its decisions. In particular, national competition and consumer protection authorities are obligated to:

• Assist the Commission with investigations and market inquiries, in particular, in evidence gathering, inspections and enforcement actions;
• Enforce and give effect to the decisions of the Commission in their territory;
• Refer to the Commission matters that fall under the scope of the Regulations;
• Align and harmonise their national competition and consumer protection laws with the Regulations to minimize inconsistencies.

In carrying out the duties assigned to it by the Regulations, the Commission is empowered to undertake investigations against undertakings for alleged contraventions of the Regulations. The Commission may initiate investigations on its own motion or upon complaint. In conducting its investigations, the Commission may in accordance with the principles of natural justice:

• order any person to appear before it to give evidence;
• require the discovery or production of any document or part thereof;
• conduct search and seizure operations;
• take any other reasonable action which may be necessary in furtherance of the investigations.

The Commission may issue interim orders to prevent irreparable harm to competition or consumers while investigations are ongoing.

Based on the findings of such investigations, the Commission may order undertakings to cease and desist from prohibited conduct and impose administrative fines. The Commission is also empowered to negotiate and conclude settlement agreements with undertakings to ensure the expedited resolution of the investigated matter.

In addition to its power of investigations, the Commission is mandated to conduct market inquiries to identify competition and consumer protection concerns in the Common Market.