CCC-Notice-2-of-2023
It is hereby notified that the COMESA Competition Commission (the “CCC”) has decided to withdraw with immediate effect its ‘Notice of Interim Measures in Merger Review of the COMESA Competition Commission due to the COVID-19 Pandemic (CCC_Notice_4_of_2020 (comesacompetition.org)’.
The Notice was issued during the COVID-19 outbreak to facilitate parties’ compliance with the COMESA Competition Regulations (the “Regulations”) in relation to notification requirements and to allow the CCC to remain effective whilst adapting to new conditions. The CCC is pleased to observe the significant economic recovery within the Common Market and abroad, which has contributed to removal of strict lockdowns and other restrictions.
The CCC therefore wishes to inform stakeholders that it has resumed onsite investigations and face-to-face meetings with regard to merger investigations.
The CCC has noted that the amended approach to the application of Article 24(1) of the Regulations pursuant to the 2020 Notice has been widely utilized by merging parties. Article 24 (1) of the Regulations require parties to a notifiable merger to notify the CCC within 30 days of a decision to merge. Pursuant to the 2020 Notice, this obligation was relaxed, with the CCC treating the initial engagement with the parties as the beginning of the notification process. Parties were therefore not penalized for failure to submit a notification within 30 days of the parties’ decision to merge if the initial engagement with the CCC was effected within the 30-day period. The CCC has observed that this approach has been beneficial both for merging parties, and for the CCC in monitoring non-compliance with Article 24(1) of the Regulations.
In view of the foregoing, the CCC has decided to maintain this pragmatic approach, until further notice and any amendment to the Regulations. Parties are therefore informed that the CCC shall continue to consider the initial engagement with the parties as the beginning of the notification process, and notification shall be considered complete once all the required information is submitted. As long as the parties have engaged the CCC on the notification process within the 30-day period, they shall not be penalized for failure to submit a notification within 30 days of the parties’ decision to merge. The above shall not apply where there are unreasonable and unexplained delays in the parties’ submission of a complete notification. [emphasis]
The CCC has also decided to maintain the use of electronic notifications and filing of mergers and acquisitions, until further notice. Parties will therefore not be penalised for non-submission of hard copies. The CCC reserves the right to request for hard copy of the notifications, where the circumstances so require.
If you wish to seek further details and/or clarifications on any aspect of this Notice, you may get in touch with the Registrar, on +265 (0) 1 772 466 or via email at compcom@comesa.int.
This Notice is effective from the date of publication on the CCC’s website. The CCC may withdraw or update this Notice as required but in no case shall it do so without notifying the stakeholders of the withdrawal.
Meti Demissie Disasa
Registrar
COMESA Competition Commission
5th Floor, Kang’ombe House
P.O. Box 30742, Lilongwe 3, Malawi
Office Phone: +265 (0) 1 772466
Email: compcom@comesa.int
Click here to download CCC Notice 2 of 2023: Revised-Guidance on Engagement of the COMESA Competition Commission on Merger Filings.
CCC/NOTICE/2/2022
It is hereby notified that the COMESA Competition Commission (the “Commission”) will be officially closing for the 2022 festive holidays as from Wednesday 21 December 2022 to Tuesday 10 January 2023 and will reopen on Wednesday 11 January 2023.
Kindly take note that during this period, the Office of the Registrar of the Commission will be closed for notification of transactions. With regard to transactions already notified or filed and under consideration, the computation of time during this period will be adjusted in accordance with Rule 3(2) of the COMESA Competition Rules which reads:
“Where the time prescribed by or allowed under these Rules for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.”
The Commission wishes all its stakeholders a Merry Christmas 2022 and Happy New Year 2023.
The Registrar
COMESA Competition Commission
5th Floor, Kang’ombe House
P.O. Box 30742
Lilongwe 3, Malawi
Office Phone: +265 (0) 1 772466
Email: mdisasa@comesa.int or compcom@comesa.int
www.comesacompetition.org
Click here to download the Notice of Closure of 2022 Festive Holidays
Article 20 of the COMESA Competition Commission (Appeals Board Procedure) Rules, 2017 (“the Appeals Rules”)
Reference: CCC/APPEAL/JR/3/01/2022
Applicant: Confédération Africaine de Football (CAF)
Interested Parties: COMESA Competition Commission
Sportfive EMEA
In the matter: Application for Judicial Review by CAF against the decisions of the Committee Responsible for Initial Determinations (CID) dated 29 June 2021 and 2 September 2021. The decisions concern agreements concluded between CAF and Sportfive EMEA relating to the commercialization of commercial rights of CAF competitions (“the matter”).
CAF, COMESA Competition Commission and Sportfive EMEA (hereinafter referred as “the Parties”) are hereby notified that the Appeals Board has scheduled a Hearing in the matter in accordance with Article 20 of the Appeals Rules. The details of the Hearing are as follows:
Date of Hearing: 10-12 October 2022
Time: 0900 hours (Malawi time, GMT+02:00)
Mode of the Hearing: Hybrid, that is physically in Lilongwe, Malawi and virtually.
Venue: Lilongwe, Malawi
Click here to download the Notice of Hearing
8 August 2022
NOTICE OF WITHDRAWAL OF PRACTICE NOTE, “CCC – MER – PRACTICE NOTE 1 of 2021” REGARDING 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”
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 of the development of the COMESA Merger Control Law.
Dr. Willard Mwemba
Director and Chief Executive Officer
Click here to download the NOTICE OF WITHDRAWAL OF PRACTICE NOTE, “CCC – MER – PRACTICE NOTE 1 of 2021”
In commemoration of the 2022 World Consumer Rights Day, the COMESA Competition Commission, in collaboration with Trade Competition and Consumer Protection Authority of Ethiopia, sponsored the airing of a TV talk show to enhance consumer awareness on issues pertaining Digital Financial Services (DFS), in line with this year’s theme, “Fair Digital Finance”
The Talk show was aired on a national TV, Fana Broadcasting Corporate S.C, in Amharic language on 15th March 2022, at 20:30 Hours (Ethiopian Time)
Click here to watch the talk show aired by Fana Broadcasting Corporate S.C Ethiopia in commemoration of 2022 World Consumer Rights Day
