COMESA’s Increased Oversight Over The Digital Economy

The Common Market for Eastern and Southern Africa (COMESA) has introduced a significant changes in its merger control and antitrust regimes through their amended Competition Regulations of 2025. Aside from general amendments to the regimes—including shifting to a mandatory and suspensory merger control regime and expanded authorities to enforce behavioral antitrust violations—they established a distinct notification threshold for transactions in the digital economy and specific conduct obligation for digital businesses. These designated thresholds aim to expand the COMESA Competition and Consumer Commission’s (CCCC) ability to review and address substantial implications for competition posed by deals involving technology-driven and platform-based businesses even where traditional turnover thresholds are not met.

Digital transaction threshold

‍Under the previous COMESA merger rules, only turnover and asset-based thresholds were used to determine notification requirements. This led to transactions targeting comparatively small or nascent digital businesses that may nonetheless have significant competition implications due to the central role of digital services in the current economy escaping review.

To address this potential gap in regulation and oversight the COMESA with the 2025 Regulations introduced a specific notification threshold for transactions in digital markets. This sector specific threshold is based on transaction value instead of turnover, asset values, or market shares. Transactions in the digital economy require notification where the global transaction value is at least USD 250 million. In addition, the regional impact requirement is satisfied where only one of the parties has operations in two or more COMESA Member States, thereby extending the CCCC’s jurisdiction. With these changes the CCCC seeks to better address deals involving tech start-ups or platform.

Elevated disclosure obligations

Parties to digital transactions must provide digital‑specific information including user metrics, data use, and platform structure in merger filings. Furthermore, the CCCC may request data on activities, users, subscribers, and data collection and processing, reflecting the nature of digital platforms and data‑centric business models.

Digital market specific antitrust provisions

The 2025 Regulations also introduced specific conduct obligation for gatekeepers, digital platforms, and other digital businesses. With the 2025 Regulations restrictions and prohibitions relating to their using price parity clauses, engaging in self-preferencing—especially for platform businesses, using business users’ data to compete, and imposing restrictions on data portability. Furthermore, the CCCC may also address abuse of economic dependency and vertical restraints specific to digital markets.

Practical takeaways for digital businesses

In the merger control context digital businesses or those seeking to acquire a digital business must consider the heightened scrutiny applied. Both the sector specific notification threshold and the less restrictive application of the regional impact requirement expand the CCCC’s jurisdiction over digital market transactions.

Furthermore, digital businesses—and specifically operators of digital platforms—must be aware of their heightened conduct obligations. They must consider their specific role in the the ever more digitally connected economy and related obligations under the new COMESA antitrust regime.

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.