Lilongwe, Malawi

+265 (0)111 772 466

compcom@comesacompetition.org

Advancing Regional Integration through Competitive Markets and Empowered Consumers.

Legal Services & Compliance

The broad operational mandate of the Legal Services and Compliance Division (“Legal Division”) is to provide legal support and advice to the Commission and attend to all legal matters of the Commission.

Main Responsibilities of the Legal Division:

 1.Advisory Role (Provision of legal advice)

The Legal Division provides legal advisory services on institutional and corporate legal issues arising from the interpretation and application of the COMESA Treaty, the COMESA Competition and Consumer Protection Regulations, COMESA Competition and Consumer Protection Rules, the Commission’s Financial, Procurement and Staff Rules and other relevant legal instruments governing the operation of the Commission. The bulk of the Division’s advisory work comes from the investigation and enforcement activities emanating from the Commission’s technical divisions. The Legal Division also assists with the negotiation and drafting of settlement agreements.

In providing its legal advisory services, the Division ensures that the decisions of the Commission take into account all relevant facts and its proceedings respect procedural fairness and the due process rights of parties under investigations. The Division may also represent the Commission at proceedings before the Panel as well as the Court of Justice of the Common Market.

2.Enhancing Compliance with the Commission’s decisions

The Legal Division is responsible for ensuring that the decisions of the Commission are fully implemented and complied with by parties and Member States concerned.

The Legal Division is responsible for enforcing the decisions of the Commission against respondents by instituting an enforcement (execution) action before the COMESA Court of Justice, in case of non-compliance.

Further, to ensure compliance and enforcement of the Commission’s decisions, the Legal Division is tasked with the following responsibilities, among others:

  • Engage Member States to give the Regulations the force of law and legal effect in their respective territories;
  • Support Member States to harmonise their national competition and consumer protection laws with the Regulations;

3.Drafting and review of legal instruments

The Legal Division is responsible for the drafting and review of relevant legislative instruments, including Regulations, Rules, Guidelines, and procedures relevant to competition and consumer protection enforcement. The Division also assists Member States in enacting or revising their national competition and consumer protection laws and strengthening their competition and consumer protection authorities.

Moreover, the Division is tasked with drafting, reviewing, negotiating and concluding cooperation framework agreements (MOUs) with other national, regional and international bodies. The Legal Division is also required to review, negotiate and prepare contracts and agreements in accordance with the Commission’s Financial, Procurement and Staff Rules.

4.Litigation Management

The Legal Division is involved in managing the Commission’s litigation before adjudicative bodies. The Legal Division usually gets involved when cases are referred to the Panel Responsible for Determination. The Division is also responsible for managing and supporting litigation when the Commission’s decisions are challenged before the Court of Justice of the Common Market. Further, the Division initiates enforcement actions before the COMESA Court of Justice when parties fail to comply with the Commission’s orders.