COMESA Competition Commission Guidelines on Market Definition, Restrictive Business Practices and Abuse of Dominance Approved
The COMESA Competition Commission (the “Commission:) wishes to inform the general public that the Board of Commissioners at its meeting held on 2nd April 2019 approved three Guidelines prepared in accordance with the COMESA Competition Regulations (the Regulations) and Rules namely:
- Guidelines on Market Definition
- Guidelines on Restrictive Business Practices
- Guidelines on Abuse of Dominance
The three Guidelines were prepared in accordance with international best practice in competition law and policy and had various consultations with National Competition Authorities of COMESA Member States; lawyers in the region and beyond; and other stakeholders.
Particularly, the Guidelines on Restrictive Business Practices deals with the application of Article 16 (1) of the Regulations and it was prepared with the aim to provide clarity and predictability as regards the general analytical framework of the Commission in determining cases of vertical and horizontal agreements.
Likewise, the Guidelines on Abuse of Dominance deals with the application of Article 18 of the Regulations and it was prepared with the aim to provide clarity, predictability and transparency as regards the general analytical framework employed by the Commission in determining cases of abuse of dominance.
As regards the Guidelines on Market Definition, it provides the framework applied by the Commission when assessing competition cases including mergers and acquisitions, abuse of dominance and vertical and horizontal restrains. The same Guidelines further provides users of the Regulations predictability and regards the Commission’s approach to market definition.
George Lipimile
Director & Chief Executive Officer