The COMESA Competition Commission is a regional body established under Article 6 of the Regulations made under the Treaty establishing the Common Market. The Commission’s core mandate is to enforce the provisions of the Regulations with regard to trade between Member States and promote competition within the Common Market through monitoring and investigating anti-competitive practices of undertakings within the Common Market and mediating disputes between Member States concerning anti-competitive conduct.

In 2004, the COMESA Council of Ministers ( “Council”) invoked Article 55(3) of the COMESA Treaty and promulgated the COMESA Competition Regulations of 2004 (“the Regulations”), as a legal framework for the regulation of competition in the Common Market. The Regulations were promulgated in the realization that an efficient and integrated Common Market cannot thrive in an environment where firms engage in restrictive business practices which deter the efficient operation of the Common Market. The primary purpose of the Regulations is, therefore, to ensure the efficient operation of the markets with the view to enhancing free and liberalized trade as a prerequisite to safeguarding the welfare of consumers.

The Commission became operational on 14th January, 2013 and is based in Lilongwe, Malawi. The Commission enjoys the status of international legal personality and has in the territory of each Member State, the legal capacity required for the performance of its functions under the Treaty. Since the Regulations are now operational, it is the requirement that all cross-border transactions be notified for the necessary approval of the Commission.

The COMESA Competition and Consumer Commission is one of the institutions of the Common Market which became operational on the 14th of January 2013. It is based in Lilongwe, Malawi. The Commission is an autonomous institution which enjoys international legal personality and possesses, in the territory of each Member State, the legal capacity required for the performance of its functions under the COMESA Treaty.

The functions and powers of the Commission are enshrined under Regulation 9. These powers were given in realization that an efficient and integrated Common Market cannot thrive in an environment where undertakings engage in anti-competitive and unfair business practices, which could deter the efficient operation of the Common Market.

The goals and objectives of the Commission are, therefore, to:

Promote competition by preventing and prohibiting anti-competitive business practices, anti-competitive mergers and other restrictions that deter the efficient operation of markets, thereby enhancing consumer welfare in the Common Market; and

Enhance consumer welfare by preventing and prohibiting unfair trade practices thereby protecting consumers against offensive conduct by market actors in the Common Market.

To achieve its purpose, the Commission has been given, among others, the following core functions and powers:

Monitor and investigate anti-competitive business practices;

Monitor and investigate unfair trade practices;

Decide on merger notifications;

Conduct market inquires in respect of the general state of competition and consumer welfare in a particular market;

Grant or refuse applications for authorisation of agreements;

Conduct legislative and policy reviews;

Mediate disputes between Member States concerning anticompetitive business practices and unfair trade practices;

Assist Member States to promote national competition and consumer protection laws in their territory and harmonisation of regional and national laws;

Advise governments of Member States on matters concerning competition and consumer protection policies;

Develop and disseminate information about competition and consumer protection policies.

The Commission is composed of the Board of Commissioners (which includes the Panel Responsible for Determinations), the Chief Executive Officer and such other staff as may be appointed. The Chief Executive Officer of the Commission, supported by his staff, decides independently to commence an investigation. Decisions are then taken by the Panel Responsible for Determination (the “Panel”). Any appeal against the decisions of the Commission shall be referred to the Court of Justice of the Common Market (the “Court”).