Over recent years the Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) significantly increased its enforcement activities. This involved the CCC expanding its focus beyond merger control enforcement to actively enforcing behavioral antitrust violations and prosecuting restrictive business practices. Companies operating across member states are facing closer scrutiny, particularly where their conduct may impede cross-border trade or distort competition within the COMESA Region. The CCC's conduct provides useful insight into its priorities, interpretation of key provisions, and the potential exposure for undertakings operating across the region.
In January 2024, the CCC for the first time imposed financial penalties in a restrictive business practices case involving the Confédération Africaine de Football (CAF) and beIN Media Group. The case concerned long-term exclusive arrangements between CAF and Lagardère Sports, which had subsequently sublicensed media and broadcasting rights to beIN. Through their investigation, the CCC identified several competition concerns. The CCC found that the CAF awarded broadcast contracts without an open and transparent bidding process, effectively shutting out broadcasters other than Lagardère Sports and beIN Media Group from competing for them. Furthermore, the the contracts awarded where excessively long term, reducing the opportunity for periodic market entry or renegotiation. Finally, broadcast rights granted to beIN Media Group covered broad territories, further reducing competition in the market for sports broadcasting.
After a detailed investigation, the CCC concluded that the agreements distorted competition in the common market and contravened COMESA Competition Regulations. Each party was fined USD 300,000. In addition, CAF was ordered to terminate broadcasting contracts with beIN Media Group by 31 December 2024. Moreover, the CCC ordered CAF to going forward award broadcasting contracts through transparent and non-discriminatory tenders.
Furthermore, In June 2021, the CCC launched formal cartel investigation into major beer producers operating within COMESA. The investigation targeted some of the biggest brands in the industry, including AB InBev, Heineken, Diageo, and Castel Group.
The CCC's investigation focused on allegations that these companies had engaged in market allocation arrangements among themselves and imposed territorial restrictions on their distributors. Such practices could reinforce national borders, affecting trade between COMESA Member States and restricting competition within the Common Market. The investigation is still ongoing. Still, it has already led to fines being issued against Heineken for imposing unlawful restrictions on their distributors.
In March 2025, the CCC issued their decision on Heineken Holdings N.V.'s distribution practices across several COMESA Member States. Following a review by the Committee Responsible for Initial Determinations, the CCC found that Heineken had violated the COMESA antitrust regime by imposing territorial restrictions, obligations to exclusively stock Heineken products (single branding), and resale price maintenance clauses on distributors.
The CCC determined that these practices limited competition in and fragmented the Common Market, potentially undermining trade between COMESA Member States. In response the CCC imposed fines totaling USD 900,000—USD 300,000 for each violation on Heineken. In addition, Heineken committed to undertake remedial steps, including auditing and amending all concerned distribution agreements within COMESA and amending contract clauses that potentially compelled distributors to restrict on passive sales, single branding, and resale price maintenance. Furthermore, Heineken pleaded to conducting training for its staff as well as those of their distributors as well as conducting compliance analyses and compiling compliance reports for the next three years.
Another case still also under investigation concerns The Coca-Cola Company. In October 2024, the CCC announced that it initiated an inquiry into Coca-Cola's distribution and pricing practices across several COMESA Member States. At the heart of the investigation are concerns that the company may have entered into distribution agreements with affiliates and local bottlers that restrict competition. Specifically, the CCC is scrutinizing clauses that allegedly allow Coca-Cola to set minimum profit margins and control resale prices—terms that could result in higher prices for consumers and reduced autonomy for local distributors. Moreover, the CCC is examining whether Coca-Cola's exclusive agreements may be limiting competitors' access to the market, effectively creating barriers to entry that distort the competitive landscape.
No final decision has been issued thus far. However, the CCC signaled that if anti-competitive conduct is confirmed, it has the authority to impose significant penalties. These may include fines of up to 10 percent of Coca-Cola's annual COMESA wide turnover, as well as orders to amend or remove contract terms found in violation of COMESA antitrust principles. In previous, similar cases, such as one involving Coca-Cola Beverages Africa, the CCC secured commitments from the company to remove restrictive clauses and implement a compliance program, though no fine was imposed at that time. For now, the matter remains under active investigation, with stakeholder consultations having concluded. The outcome will be closely watched, as it may set an important precedent for how multinational companies structure their distribution relationships within COMESA member states.
Conclusion
With the CCC's enforcement activities evolving and expanding beyond merger control to include more behavioral antitrust investigations, businesses must treat competition compliance as a strategic priority—not merely a legal formality. Companies operating in multiple COMESA Member States should be actively monitoring and addressing their conduct to mitigate risk. Considering the number of cases concerning distribution arrangements investigated by the CCC, such measures should include scrutinizing exclusive arrangements, distribution models, and any practices that may unintentionally create barriers to cross-border trade or limit competitive access within the Common Market.
Businesses should also establish clear internal review processes for agreements and transactions, particularly those involving exclusivity arrangements, markets in which they hold dominant positions, or coordinated conduct with other market participants. Legal and compliance teams should work closely with commercial and strategic decision-makers to ensure that business growth initiatives do not inadvertently trigger regulatory concerns. In addition, businesses must ensure that their teams—particularly those involved in sales, distribution, procurement, and strategic partnerships—are well-informed and adequately trained on antitrust and competition regulations. Ultimately, early risk identification and well-structured compliance protocols will be critical for navigating the increasingly assertive enforcement landscape and maintaining commercial flexibility across the region.
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