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COMESA watchdog steps up oversight with tougher action on mergers

CEO of CCC, Willard Mwemba

The agency has reviewed more than 480 mergers and acquisitions, 50 restrictive business practices, and 60 consumer protection cases

Nairobi, Kenya | Julius Businge | The COMESA Competition Commission (CCC) has reaffirmed its position as the regional watchdog for fair competition and consumer protection, releasing data that points to an expanding mandate in policing mergers, enforcing compliance, and protecting consumers across its 21-member bloc.

Speaking at a press conference in Nairobi during the Commission’s 9th Annual Business Reporters Workshop, 3rd Annual Press Conference, and 2nd Business Reporters’ Competition Awards, Chief Executive Willard Mwemba said the agency has reviewed more than 480 mergers and acquisitions, 50 restrictive business practices, and 60 consumer protection cases since it began operations 13 years ago.

Mwemba said the figures demonstrate the Commission’s growing influence in maintaining competitive markets and safeguarding consumer welfare across the Common Market for Eastern and Southern Africa (COMESA).

Among the most significant cases in the past year was the conditional approval of Groupe Canal+ SA’s bid to acquire up to 100% of MultiChoice Group Limited. The Commission determined that the merger could harm competition in regional pay-TV markets if left unchecked, particularly in Mauritius, by concentrating premium content rights. The deal was cleared with conditions designed to protect consumers and maintain access for competitors.

Penalties

The Commission also fined companies for procedural breaches in merger notifications. Johnson Controls International (JCI) was fined US$ 8,067, while Robert Bosch GmbH received a symbolic USD 1 penalty for failing to notify their merger within the mandatory 30 days. BRED Banque Populaire was fined US$ 28,050 for late notification in its acquisition of BFV–Société Générale Madagascar. Mwemba said such fines are essential to uphold transparency and procedural discipline.

Two of the most high-profile antitrust cases involved global brewers Diageo Plc and Heineken Holding N.V. The CCC launched investigations in 2021 into alleged market allocation, resale price maintenance, and territorial restrictions. Diageo paid US$ 750,000 in settlement and revised its distribution agreements in Uganda, Eswatini, and Zambia. Heineken paid US$ 900,000 and restructured its regional distribution networks to promote competition.

In another landmark case, the Commission sanctioned the Confederation Africaine de Football (CAF) and beIN Media Group for anti-competitive conduct in awarding media rights for African football tournaments.

Under a settlement approved by the Appeals Board, CAF agreed to introduce transparent bidding processes and limit exclusivity deals to four years. The two entities paid a combined US$ 600,000 settlement. Mwemba said the decision sets a precedent for fairer sports broadcasting markets across Africa.

The Commission also intervened in Eswatini to end alleged monopolistic control over maize seed supply. Its intervention led to the removal of exclusivity clauses, opening the market to new distributors and improving seed availability. Mwemba described the case as “a success story for fair trade and food security.”

Consumer protection

In the area of consumer protection, the CCC investigated airlines including Ethiopian Airlines, Zambia Airways, and Kenya Airways for unfair passenger treatment.

Ethiopian Airlines was found to have misled passengers through unclear baggage policies and later compensated affected travelers. Zambia Airways was fined 2% of its annual turnover for failing to assist delayed passengers, while Kenya Airways is under review for similar violations.

The watchdog also issued several consumer safety alerts, including recalls of over 5,000 Ford vehicles, unsafe cereals from South Africa’s Heartland Foods, and warnings on faulty Takata airbags. Mwemba said such actions show the Commission’s growing responsiveness to consumer risks in the regional market.

Mwemba stressed that credible investigations often take time, noting that even mature jurisdictions such as the United States and South Africa face lengthy probes.

“It is better to take longer and deliver credible outcomes than to rush investigations and compromise integrity,” he said.

He added that new partnerships — including Memoranda of Understanding with Mauritius, Tunisia, Uganda, and Nigeria’s competition authority — are expanding the Commission’s enforcement reach.

“The COMESA Competition Commission remains committed to protecting consumers and promoting a level playing field for businesses,” Mwemba said.

“Our interventions are not just about enforcement; they are about building confidence in the regional market and fostering sustainable economic growth.”

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