COMESA
Competition Commission Brews a Deal with Heineken
Heineken has reached a no-admission commitment with the COMESA Competition Commission following an investigation into alleged anti-competitive practices, including minimum resale price maintenance, single-branding, and territorial restrictions. Under the commitment agreement, the brewer will revise its distribution agreements, implement regional compliance training, and undergo ongoing monitoring. It also agreed to pay USD900 000 in administrative penalties. Read more → COMESA CID Decision on Heineken Settlement
EAAC
East Africa Community Joins the Regional Enforcement Party
The EAC Competition Authority ("EACCA") is making up for lost time, unveiling a comprehensive legislative overhaul that swaps out old definitions, beefs up merger control, and introduces a penalty regime. The merger review clock now ticks for 60 days, and only the big players need to notify: USD35-million in assets or turnover is the new threshold. The EACCA also has a new Memoranda of Understanding with the COMESA Competition Commission (with whom it shares five Partner States). Actual enforcement remains to be seen, but the regulatory scaffolding is now firmly in place. Read more → EAC Competition (Amendment) Act
EGYPT
Egypt's Next Chapter: AI and Global Alliances
The Egyptian Competition Authority ("ECA") celebrated its 20th anniversary on 3 March 2025. The ECA has grown into a heavyweight enforcer and is set to integrate AI into its next strategy, enhancing enforcement in a digital age. The ECA has also been busy building diplomatic muscle, with Memoranda of Understanding signed with both the Eurasian Economic Commission and the UAE Ministry of Economy, to bolster cross-border enforcement by facilitating joint investigations and data sharing.
ESWATINI
Eswatini: Competition Enforcement Gets a Procedural Upgrade
The Eswatini Competition Commission has released draft Rules of Procedure for 2025 for the handling of complaints, investigations, and appeals. Importantly, the draft Rules introduce a mechanism for interim measures, empowering the Secretariat to recommend orders to cease certain conduct or prevent irreversible business integrations, where there is a risk of serious or irreparable harm during an investigation. Read more → Eswatini Competition Commission Draft Rules of Procedures (May 2025)
KENYA
Kenya's Competition Authority Unveils Plans for a Forensic Lab to Strengthen Investigations
In a move to address the skills and technology gaps highlighted in its 2023-2027 Strategic Plan, the Competition Authority of Kenya has inaugurated the first phase of its forensic laboratory, investing KES45-million (approximately USD348 000) to bolster its capacity for gathering evidence in competition law investigation, particularly in complex digital market cases.
MAURITIUS
Mauritius Competition Commission's Mandate Expanded
The Mauritius National Budget 2025/2026 introduces a broadened mandate for the Competition Commission of Mauritius, including sector-wide pricing and profitability audits and enhanced monitoring tools. These developments signal increased regulatory oversight in pricing practices, particularly for essential goods.
MOROCCO
Morocco Opens Payment Market to Competition
In a landmark decision, Morocco's Competition Council has moved to dismantle the longstanding monopoly of the Interbank Electronic Payment Center ("CMI") over payment acquiring services. Effective 1 May 2025, new payment institutions and bank subsidiaries will be allowed to enter the market. CMI has been given 12 months to transfer existing merchant contracts and online payment gateways and will be required to operate as a neutral technical platform. These reforms are expected to foster competition, reduce costs for merchants and accelerate financial inclusion and digital innovation across Morocco's payments ecosystem. Read more → News Morocco: CMI's Monopoly Nears End
MOZAMBIQUE
Taxi Market Under the Microscope: The Competition Regulatory Authority ("ARC") of Mozambique is taking a deep dive into the road passenger transport sector, scrutinising both traditional and app-based taxi markets in Maputo and Matola. This initiative responds to recent technological changes in the sector, particularly the rise of digital ride-hailing platforms, which have introduced new business models and regulatory challenges. Read more → ARC Study on Competition and Regulation in Passenger Road Transport Market
Cartels Beware: The ARC has introduced a new Leniency Regulation. The regime applies to both ongoing and potential infringement proceedings. To benefit, applicants must immediately cease the anti-competitive conduct, fully confess, and provide substantial cooperation and evidence. The first applicant may receive a fine reduction of 50-70%, with lower reductions for subsequent applicants. Time to dust off those compliance manuals! Read more → ARC Leniency Regulations
NIGERIA
Coca-Cola's Consent Agreement Rejected: The Nigerian Competition and Consumer Protection Tribunal ("Tribunal") poured cold water on a proposed consent agreement between the Federal Competition and Consumer Protection Commission ("FCCPC") and Coca-Cola Nigeria Limited. The Tribunal described the deal as "troubling" and maintained the hefty N186-million (approximately USD120 000) penalty previously imposed by the FCCPC for misleading packaging. The Tribunal decision sets the tone for stricter scrutiny of consent agreements and respect for procedures. Read more → The Cable: An Attempt to Arrest Judgment
Meta Fine Upheld: The Tribunal upheld the FCCPC's landmark USD220-million fine against Meta and WhatsApp, finding them guilty of unauthorised data sharing, discriminatory privacy practices and abuse of market dominance. This ruling sets a precedent for holding global tech companies accountable under local competition and consumer protection laws. Read more → Tribunal Upholds FCCPC's 20 Million Fine Against Meta
SOUTH AFRICA
New Guidelines Published: The Competition Commission published Final Guidelines onInternal Restructuring and onPrice-Cost Margin Calculations, offering businesses clearer direction on the Competition Commission's analytical approach.
2025 Block Exemption for Transport Sectors: The new2025 Block Exemption for Ports, Rail and Key Feeder Road Corridors give operators room to collaborate on operational and infrastructure challenges; but price fixing and collusive tendering are still off-limits. All proposed collaborations must get the green light from the Competition Commission.
Draft Block Exemption for Sugar Sector: Thedraft Block Exemption for Phase 2 of the Sugar Master Plan paves the way for sugar producers, growers, and downstream players to collaborate on diversification and collective strategies. An independent Department of Trade, Industry and Competition-appointed facilitator will ensure sensitive information is handled with care, whilst the Competition Commission's clearance before implementation is non-negotiable. This special antitrust sweetener is proposed to run for five years, with a possible extension.
Fee Exemptions: The Competition Commission has just rolled out its latest amendment to the Competition Rules, exempting micro and small enterprises from paying fees for filing exemption applications. Read more →Government Notice: Amendment to Rules of the Competition Commission
Public interest still making waves: South Africa's approach to public interest in merger control continues to attract lively debate. Recent commentary highlights growing concerns around proportionality, procedural complexity, and investment impact. Read more →ThinkSet/BRG: Has Public Interest in SA Merger Guidelines Gone Too Far? | Citizen: SA Competition Policy good, bad and ugly? | M. AVERY: Competition Tribunal a Taxidermic Version of its Former Self | C BARRON: Politics is Killing Competition
UGANDA
Competition Act Implementation Delayed: In our Q1 issue(ENS competition Law Quarterly Round Up), we noted that Uganda's new Competition Act was "enacted but in limbo". Now, the Minister's six-month deadline to table regulations has come and gone, with draft regulations only emerging in December 2024 – two months late. ENS' Uganda team has recently engaged with the authorities, urging flexibility in the statutory deadline to avoid rushed or ill-fitted rules. Regulatory frameworks should evolve with the market, not race against the clock.
Uganda Courts Step In: While the Competition Act awaits operationalisation, the Uganda High Court is taking matters into its own hands. The Court fined MTN Uganda UGX11.3-billion (approximately USD3.1-million) for unfairly expiring a competitor's subscriber database while retaining its own – a clear signal that unfair competition won't go unchecked, even in a regulatory vacuum. Read more → High Court Fines MTN Uganda for Unfair Practices and Data Breach
ZAMBIA
Proposed Amendments to Administrative Penalties Guidelines: The Competition and Consumer Protection Commission of Zambia has proposed significant updates to its Administrative Penalties Guidelines, aimed at strengthening deterrence while ensuring fairness, particularly for SMEs. The revisions expand the scope of aggravating and mitigating factors and clarify the list of offences subject to administrative fines. Notably, the proposals include a detailed penalty matrix for consumer protection violations, provisions for adjusting penalties in settlement cases, and a formal process for recovering unpaid fines through the courts. Read more →CCPC: Amendments to the Regulations and Guidelines
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