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AFRICA
2028 deadline set for Africa Competition Commission
The Africa Continental Competition Commission must be established by 2028, Malick Diallo, Head of Competition at the AfCFTA Secretariat, announced at the launch of the new COMESA Regulations in Livingstone in February 2026. The entire framework, including merger thresholds and digital gatekeeper rules still awaiting approval, is expected to be finalised by end of 2027. Crucially, the continental body will only handle matters involving more than one regional economic community, avoiding overlaps with existing regional competition bodies.
COMESA
Quick Out of the Blocks: CCCC Delivers on expedited process promise
On 4 February 2026, we hosted a webinar unpacking the COMESA’s transformative new competition framework, featuring Dr Willard Mwemba, CEO of the newly rebranded COMESA Competition and Consumer Commission (“CCCC”) and Jocelyn Katz, our global head of competition and antitrust. During the webinar, we broke the news about the CCCC's intention to introduce an expedited merger review process to deliver on its promise. Per the Schedule of Fees, the expedited process comes at a premiun of USD 120,000, with a decision expected between 30 to 45 days after notification, affording the CCCC sufficient time to consult its Member States on the transaction.
Parallel filings, digital thresholds and emerging assessment factors
On the vexed question of parallel filings, Dr Mwemba was pragmatic: Member States demanding dual notification should be engaged through correspondence referencing COMESA's position, with the CCCC copied in to facilitate resolution. According to Dr Mwemba, current tensions with certain national authorities are "teething problems" and cooperation across the region has exceeded expectations. The webinar also covered the new digital merger thresholds, the secondary role of public interest considerations and environmental factors as an emerging ground for assessment.Watch the full webinar here → YouTube: Pop-Up Webinar | Revised COMESA Competition Regulations.
CCCC outlines firm stance on gun-jumping
Speaking at the launch of the Regulations in Livingstone, the CCCC confirmed it is "very serious" about gun-jumping and will fine companies under the new suspensory merger regime; whilst interim orders will be issued sparingly.
AI for me, not for thee: CCCC takes aim at Meta's WhatsApp tactics
Meta is under investigation for allegedly amending its WhatsApp Business Solution terms to block rival AI providers from WhatsApp's Business Application Programme Interface (“API”) while preserving preferential integration for its own competing service, Meta AI. The CCCC suspects the tech giant holds a dominant position in the Common Market and is foreclosing competitors through self-preferencing, a potential breach of Regulation 36 of the COMESA Regulations. Read more → CCCC Notice of Commencement of Investigation Against Meta
EAC
EACCA receives maiden merger filing
The East African Community Competition Authority (“EACCA”) merger control regime is officially in action, receiving its first formal merger notification in January 2026. The transaction involves Vodafone Kenya Limited's proposed acquisition of an additional shareholding in Safaricom PLC, together with associated intra-group restructuring by Vodafone International Holdings B.V.,a deal that would leave Vodacom with effective control over Safaricom. Notably, the transaction was also notified to the CCCC, highlighting ongoing coordination challenges between regional regulators. ENS played advisory role to Safaricom on this landmark filing, the first real-world test of the EACCA's new merger control regime.
ECOWAS
Fee relief on the horizon? ECOWAS may reform uncapped merger costs
ERCA's Executive Director, Dr Siméon Koffi, has signalled that ECOWAS lawmakers may reconsider the current uncapped merger notification fee which has resulted in unexpectedly high filing costs since the suspensory regime commenced in 2021. The uncapped fee was introduced during significant regional economic challenges, based on the principle that merger review should be funded by companies rather than consumers, without anticipating the high combined turnover figures that would result.
Consumer Protection takes centre stage at ERCA
ERCA convened in Dakar from 9 to 13 February 2026 to review a draft Regional Regulation and Manual of Procedures on Consumer Protection. Dr Koffi emphasised consumer protection as the "second pillar" of the Authority's mandate. Participants agreed on a roadmap for institutional validation and adoption, noting the initiative comes at a crucial time given the rapid evolution of markets, particularly digital markets. Read more → ERCA Develops a Regional Regulation and Procedures Manual on Consumer Protection
ERCA plans inaugural Regional Competition Conference for September 2026
The Authority's first Annual Conference on Competition is scheduled for mid-September 2026 under the theme "Competition Policy and Market Integration in ECOWAS: Issues and Challenges”, and will address market integration, inter-agency cooperation, strategic sectors and consumer protection. Dr Koffi noted the initiative marks a milestone after five years of ERCA's existence, while Council Chair Dr Twumasi-Anokye emphasised the event will enhance ERCA's visibility and highlight its role in West African market integration. Read more → The ERCA Council Prepares for the First Annual ERCA Conference on Competition in the ECOWAS Region
EGYPT
ECA clocks impressive approval timelines
The Egyptian Competition Authority (“ECA”) has released its merger statistics for January to June 2025, and the numbers are striking. Of 38 notifications received (23 regular, 15 simplified), the ECA achieved average review times of just 15 days for regular filings and 14 days for simplified procedures, turnarounds that would make many developed-market regulators envious. However, these headline figures measure only the formal review period; the pre-acceptance phase during which the ECA satisfies itself that a filing is complete can add several months to overall transaction timelines. Deal teams should factor in realistic end-to-end timelines when planning Egypt filings. Read more → ECA: Statistics of Economic Concentrations Jan - Jun 2025
GHANA
Finally? Ghana signals imminent Competition Law
Ghana's Minister of Industries, Agribusiness and Trade has announced the government's intention to promulgate competition and consumer protection laws "soon". Despite branding itself "The Gateway to Africa," Ghana remains one of the few major African economies without comprehensive competition legislation, even as consolidation accelerates across sectors. Read more → B&FT: Finally, a competition (anti-trust) law?
KENYA
CAK approves FinTech acquisition with data firewalls
The Competition Authority of Kenya (“CAK”) has approved KCB Group PLC's acquisition of control over Riverbank Solutions Limited, a technology provider for financial transactions. The deal, involving 75% of Riverbank's issued share capital, forms part of KCB's strategy to enhance its digital capabilities for MSMEs. The CAK approved the transaction subject to data-related conditions that wi l be of interest to acquirers in the fintech space: third-party transactional, customer and merchant data collected through Riverbank's infrastructure must remain ring-fenced and may not be used by KCB for purposes beyond operating Riverbank's business. Additionally, the merging parties must honour existing contracts with Riverbank's customers. Read more → Hivileo: CAK Approves KCB Riverbank Acquisition With Conditions
Kenya moves to tighten competition rules
Kenya's Competition (Amendment) Bi l, 2026 (National Assembly Bill No. 4 of 2026) was gazetted on 19 February 2026 and is now awaiting introduction in the National Assembly. The Bill builds on, and in several respects refines, the earlier Competition (Amendment) Bill, 2024. Among the headline changes, the Bill significantly expands the framework for regulating digital markets, introducing a suite of new definitions including "digital activity", "digital market", and "strategic market position" and refining the criteria for assessing dominance in digital contexts. Critically, dominance in a digital market may now be established even where an undertaking holds less than 40% market share, provided it possesses market power. The Bill also introduces a new prohibition on abuse of superior bargaining position, a concept which, notably, does not require a finding of dominance or market power.
A firm need only be shown to create an imbalance of rights and obligations from which its counterparty cannot practically escape. On enforcement, the Bill arms the CAK with direct administrative enforcement powers, allowing it to issue warnings, impose remedial directions, and levy administrative penalties of up to 10% of annual turnover in Kenya recoverable as civil debt, without necessarily resorting to criminal prosecution. For good measure, the Bill also broadens the merger control perimeter to capture privatisations of government agencies and state corporations engaged in trade. Read more → The Competition (Amendment) Bill, 2026 (Kenya)
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