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 6^th 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

 August 8th, 2022  Competition Commission

The COMESA Competition Commission (the “Commission”) wishes to inform all stakeholders that it has, with immediate effect, withdrawn the “Practice Note on the Commission’s Application of the Term Operate under the COMESA Competition Regulations and the Application of Rule 4 of the Rules on the Determination of Merger Notification Thresholds and Method of Calculation” which was issued on 13 February 2021 and referred to as  CCC – MER – Practice Note 1 of 2021.

The Practice Note has been withdrawn following a number of requests for clarifications sought by stakeholders regarding the Commission’s application of Rule 4 of the Rules on Merger Notification Thresholds and Method of Calculation (the “Rules on the Determination of Merger Notification Thresholds”). The Commission is therefore considering these requests for clarification and shall review the Practice Note accordingly. Stakeholders shall immediately be informed when the revised Practice Note is published.

The Commission wishes to inform all stakeholders that all matters relating to the notification of mergers remain guided by the relevant provisions under the COMESA Competition Regulations, the COMESA Competition Rules and the non-binding COMESA Merger Assessment Guidelines.

We thank our stakeholders for their continued support to the development of the COMESA Merger Control Law.

Dr. Willard Mwemba

Director and Chief Executive Officer