The COMESA Competition Commission ("CCC") Appeals Board has concluded one of the most closely followed investigations in the African sports broadcasting industry. As reported in our Africa Competition Quarterly Round-Up, the CCC's long-running investigations into media rights agreements entered into by the Confederation of African Football ("CAF") with pay TV broadcasters have seen two cases being settled in 2024 (read more here on SuperSport and Canal+), while a landmark third case against beIN Sports – the first to attract a fine for a restrictive business practice – was contested on appeal in February 2025. All eyes were on the competition watchdog to see whether it would uphold its red card against beIN Sports. In a surprising turn, the Appeals Board issued a ruling approving a Commitment Agreement negotiated in extra time, opting not to pronounce itself on the "contentious substantive and procedural issues" raised in the appeal.
Background
The investigation centred on two agreements between CAF and beIN Sports in 2014 and 2016 for the exclusive commercialisation of CAF football competitions' media rights in a number of COMESA Member States. The CCC identified concerns under Article 16(1) of the COMESA Competition Regulations, namely -
- the absence of a competitive tender;
- long-term exclusivity; and
- bundling of rights across different transmission modes, platforms, and competitions, which limited market access for rival broadcasters.
The CCC's decision-making body ("CID") determined, in December 2023, that the agreements violated Article 16(1) and ordered:
- Termination of the 2016 beIN agreement by 31 December 2024;
- Administrative fines totalling USD 600,000; and
- Implementation of a series of compliance measures for future media rights, including shorter exclusive contracts, competitive tendering and rights unbundling.
Appeals Board decision
Whilst the matter proceeded to a fully contested hearing before the Appeals Board, both the parties and the CCC requested an opportunity to negotiate commitments to address the identified competition concerns, conscious of "the length of the investigation of the matter, judicial economy, and the interest of achieving an expedient resolution of the matter and in order to avoid the costs and waste of ongoing litigation". Under the Commitment Agreement, now endorsed by the Appeals Board, the existing beIN/CAF broadcasting agreement will continue until 2028 (avoiding disruption for CAF fans), alongside CAF's existing commitments in relation to the award of future media rights. In addition, CAF and beIN Sports agreed to a non-liability payment of USD 300,000 each.
Looking ahead
The Appeals Board's endorsement reflects a preference for settlement-driven outcomes, even at the appeal stage, where competition concerns may be resolved effectively without prolonged litigation. Even without a substantive ruling on the alleged violations, the case sets important guidance for how future sports media rights will be awarded in Africa. This is a reminder that the CCC is taking an increasingly proactive stance on the regulation of exclusive vertical arrangements, particularly those locking up markets over long periods without transparency.
For more insights into this case and other recent African competition law developments, don't miss the latest edition of our Africa Competition Quarterly Round-Up.
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