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The COMESA Competition Regulations 2025 introduce express recognition of ancillary restraints in merger control assessment, marking a significant shift in how transaction-related restrictions are evaluated. This development raises important questions about the scope and application of the ancillary restraints doctrine within the COMESA merger control framework, particularly regarding non-compete and non-solicitation clauses.

The ECOWAS merger control regime grants the ERCA Council discretionary authority to approve anti-competitive transactions when a clear and demonstrable public interest exists. This power, analytically distinct from competition assessment, carries significant strategic implications for parties transacting across the twelve-member West African economic community.

Licensing agreements occupy a structurally ambiguous position in merger control, sitting between asset acquisitions and ordinary commercial contracts.