COMESA Competition And Consumer Commission Quick Out Of The Blocks

The COMESA Competition and Consumer Commission (the “CCCC”) published further guidance representing meaningful progress in operationalising the COMESA merger control regime on 13 February 2026. By clarifying the procedures and associated fees for advisory opinions, comfort letters, expedited reviews and other administrative services (for which a fee of USD5,000 is payable), the CCCC has provided stakeholders with greater certainty and transparency. These publications mark a positive step forward and suggest that the CCCC is committed to establishing a predictable and accessible merger control framework for businesses operating across the COMESA region.

CCCC publishes expedited merger review process

An expedited merger review shall only be undertaken where the CCCC believes that there are compelling reasons to do so and the transaction has no prospects of raising competition concerns. The CCCC will assess eligibility based on the merger's complexity, nature, and any referral request from a Member State. Notably, should there be a referral request, the transaction will not be eligible for the expedited review.

The applicable fee for an expedited merger review is USD120,000.

Regarding timing, as a general principle, the CCCC will issue a decision on the application between the 30th and the 45th day from the date of notification of the merger in order to comply with the time periods provided for under Regulation 45 of the COMESA Competition and Consumer Protection Regulations, 2025.

CCCC publishes advisory opinion application process

The CCCC published its procedure for advisory opinion applications under Regulation 9(4)(e) of the COMESA Competition and Consumer Regulations, 2025 (the "Regulations"). Any undertaking or person may submit a request to the Registrar by letter or other approved means, accompanied by their contact details, relevant supporting documentation, and a fee of USD10,000. The Commission will evaluate submissions and issue its advisory opinion within 45 days of receipt, with the possibility of a 30-day extension where circumstances require. Notably, any advisory opinion issued by the Commission is non-binding.

CCCC publishes comfort letter application process

The CCCC published its procedure for comfort letter applications under Regulation 9(4)(d) of the COMESA Regulations. An acquiring party may, alone or jointly with other parties, request a comfort letter confirming that a proposed merger does not meet the notification thresholds under the Regulations. Applications must be submitted using Comfort Letter Form 2, accompanied by supporting documentation: including turnover and asset values, details of member states where the parties operate, and audited financial statements for the preceding financial years, together with a fee of USD10,000. Upon confirmation of payment and receipt of all relevant information, the Commission will issue a certificate of receipt and deliver its decision within 45 days, though the review period will not commence until sufficient information has been provided. Importantly, where a comfort letter is issued on the basis of material misstatement or omission, the Commission retains the power to revoke the letter and take further action, including finding that the parties failed to notify a notifiable merger or implemented a merger in contravention of Chapter 4 of the Regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.