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MEMORANDUM OF UNDERSTANDING BETWEEN THE COMESA COMPETITION COMMISSION AND LAW ASSOCIATION OF ZAMBIA

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”

 

 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COMESA Competition Commission (the “Commission”) wishes to inform all stakeholders that it has, with immediate effect, withdrawn the “Practice Note on the Commission’s Application of the Term Operate under the COMESA Competition Regulations and the Application of Rule 4 of the Rules on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The Practice Note has been withdrawn following a number of requests for clarifications sought by stakeholders regarding the Commission’s application of Rule 4 of the Rules on Merger Notification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

MEMORANDUM OF UNDERSTANDING BETWEEN THE COMESA COMPETITION COMMISSION AND LAW ASSOCIATION OF ZAMBIA

The COMESA Competition Commission Signs Memorandum of Understanding With the Competition Commission of the Democratic Republic of Congo

 April 20th, 2021  Competition Commission

The COMESA Competition Commission (“the Commission”) is pleased to announce that the Commission concluded a Memorandum of Understanding (MOU) with the National Competition Commission of the Republic Democratic Republic known as “Commission De La Concurrence (COMCO).” The Ceremony of signing the MOU was held on 19th April 2021 at BICC Conference Hall, in Lilongwe, Malawi.

The Signing Ceremony was represented by the Acting Director and Chief Executive Officer of the Commission, Dr. Willard Mwemba, and the Interim Coordinator of COMCO, Commissioner Trudon Kalala Nzembela. Further, the Ceremony was attended by the representative of the Principal Secretary of the Ministry of Trade of the Republic of Malawi, Mr. Clement Kumbemba; Board member of the Commission, Commissioner Justice Charlotte Wezi Malonda; Executive Director of Competition and Fair-Trade Commission of the Republic of Malawi, Mr. James Kaphale; the Deputy Coordinator of Finance and Administration of COMCO, Mr. Herman Ilambi Kyemo Nzoma; and Management of the Commission.

The purpose of the MOU is to promote and facilitate cooperation and coordination between the two institutions in the harmonisation of regional and national laws and policies of Member States and lessen the possibilities or impact of difference.

The signing of the MOU is expected to facilitate the following amongst others:

  • Closer cooperation between the Commission and COMCO in the form of notification, exchange of information, coordination of actions, and consultation;
  • Cooperation between the two institutions in advancing technical assistance and capacity-building programs through integrated strategies; and.
  • Provide an enhanced platform for the Commission and COMCO to address some of the procedural and substantive challenges that are likely to arise in cross-border investigations in competition and consumer protection matters.

This MOU is the eleventh cooperation framework that the Commission signed following the MOUs with other ten COMESA Member States namely: Egypt, Eswatini. Kenya, Madagascar, Malawi, Mauritius, Seychelles, Sudan, Zambia and Zimbabwe. The Commission intends to strengthen the framework of the MOU with COMCO through regular implementation action plans.

Click here to download the Press Release on the Signing of the MOU between the Commission and COMCO

Click here to download the English version of the MOU between the Commission and COMCO

Click here to download the French version of the MOU between the Commission and COMCO