Africa Competition Law Quarterly Round-Up (Issue No.2 Of 2026 | APRIL – JUNE 2026)

Botswana

CCA breaks from trend by blocking integrated pension–insurance merger

Prohibitions of mergers remain relatively uncommon in Botswana but the Competition and Consumer Authority (“CCA”) broke from this pattern by blocking the proposed acquisition by Debswana Pension Fund of a 50% interest in Bona Life Insurance (April 2026) finding that the transaction would result in a substantial lessening of competition and reinforce concentration in both the pension fund and life insurance markets. The CCA identified concerns arising from common ownership links and vertical integration, including risks of foreclosure of rival administrators and insurers.

Read more → CCA: Merger Decision Debswana Pension Fund and Bona Life Insurance

Egypt

Competition Act reform expands merger thresholds and penalties

Egypt’s Parliament approved amendments to the Competition Act on 22 April 2026, expanding enforcement tools and updating merger control thresholds. The amendments introduce a rebuttable presumption of dominance at 50% market share, and an explicit prohibition on resale price maintenance, codifying existing enforcement practice. Merger notification thresholds are increased to EGP 2.5 billion domestically and EGP 15 billion globally, alongside a higher local nexus requirement. The amendments also introduce administrative monetary penalties of up to 15% of relevant product revenues for anti-competitive practices, expands the leniency regime and allows courts to suspend offending parties’ business activities for up to one year. The changes will only enter into force three months after presidential approval and publication in the Official Gazette.

Read more → Ahram Online: New competition law overhauled

Malawi

CFTC operationalises new regime and appoints new Chief Executive Officer

The Competition and Fair Trading Commission (“CFTC”) has published the Competition and Fair Trading Regulations, 2026, establishing detailed enforcement and merger notification procedures. Issued under Government Notice No. 27 of 2026, the Regulations give effect to the regime introduced under the 2024 Act and build on the merger notification thresholds adopted in 2024 (MWK 10 billion combined / MWK 5 billion target), confirming the operation of a suspensory merger control system. The development coincides with the appointment of Desmond Kaunda as the new Chief Executive Officer of the CFTC, effective 29 April 2026.

Read more → Competition and Fair Trading Regulations, 2026 / CFTC: Appointment of Mr. Desmond Kaunda as CFTC CEO

CFTC sows seeds of scrutiny over SeedCo distribution arrangements

CFTC has initiated a market inquiry into proposed distribution arrangements between SeedCo Malawi and its distributors, focusing on exclusive dealing obligations and resale price maintenance (“RPM”). The inquiry will examine whether the arrangements, by restricting distributors’ ability to source from competing seed producers and by fixing downstream resale prices, may limit intra-brand competition and foreclose rival suppliers in the seed sector, with potential implications for input markets in agriculture and downstream pricing for farmers.

Read more → CFTC: Inquiry on Proposed Exclusive Arrangement and RPM between Seedco Malawi and Distributors

Mauritius

Amnesty knocks for trade associations

The Competition Commission (CC) is offering trade associations and cooperatives a six-month window to come forward and disclose cartel conduct and bid rigging in exchange for immunity from financial penalties. The Trade Association and Cooperatives Amnesty Programme (“TACAP”), is open until 25 November 2026. Importantly, the programme does not limit the CC’s powers to investigate or take enforcement action against any enterprise that does not apply or does not qualify.

Read ENS’ analysis of the programme here → ENS: CC launches amnesty for cartel conduct / ENS: CC clarifies how associations and members can access its amnesty programme

From feed to fork, CC probes poultry sector for fowl play

The CC has launched a market study into the poultry sector, examining competition dynamics across the supply chain from feed and day-old chicks through to chicken meat and eggs. The sector is dominated by a few large vertically integrated producers and has seen significant price increases in recent years. The study will assess market structure and potential market power, the terms of supply to smaller operators and contract growers, barriers to entry, and the regulatory framework. The launch of the study does not indicate findings of anti- competitive conduct. A preliminary report is expected by March 2027, with the final report due in June 2027.

Read more → Media Release – Poultry Market Study

Morocco

Morocco’s Competition Council ramps up merger activity

Morocco’s Competition Council reported a marked increase in merger control activity in 2025, reviewing 290 economic concentration filings compared to 200 in 2024, despite higher notification thresholds introduced under recent reforms. The vast majority of transactions were cleared, with only limited cases subject to conditions. The Council also highlighted relatively short review timelines, with decisions issued within a few weeks, and noted that around half of cases benefited from the fast-track procedure. In parallel, the authority is increasing its output of advisory opinions, with a growing focus on sectors with a significant impact on the economy and household purchasing power, including construction materials.

Read more → L’Economiste: Competition Council 2025 assessment

Mozambique

ARC takes aims at cartels with new draft guidelines

The Mozambique Competition Regulation Authority (ARC) has published a Draft Guideline on Good Practices in Combating Cartels, predictably covering grounds such price-fixing, market allocation, andbid rigging, but also extending to no-poaching agreements and hub-and-spoke arrangements. It sets out the leniency regime introduced in 2025, under which the first firm to cooperate can secure a 50–70% fine reduction, the second 30–50%, and the third 10–30%, against fines of up to 5% of annual turnover per participant. Sectoral regulators and public entities are reminded of their obligation to report suspected cartels to the ARC. The final guideline is expected in July or August 2026.

Read more → Guideline on Good Practices in the Combating of Cartels

Namibia

NaCC puts tourism access under spotlight through reviews of conservancy agreements

The Namibian Competition Commission (“NaCC”) has turned its attention to community conservancies and a private tourism operator, opening an investigation into joint management arrangements with Ultimate Safaris. The NaCC is examining whether these agreements restrict access for competing operators and other land users, including through exclusivity or coordination mechanisms that may limit entry and competition in tourism-related land use. The matter has drawn industry attention, with stakeholders disputing the basis of the inquiry and its scope.

Read more → Windhoek Observer : Tourism industry pushes back on Ultimate Safaris probe

Nigeria

Court dismisses jurisdiction challenge against FCCPC as “frivolous”

The Federal High Court in Abuja dismissed a suit brought by United Bank for Africa Plc challenging the jurisdiction of the Federal Competition and Consumer Protection Commission (“FCCPC”) over banks, holding that the FCCPC is empowered to investigate consumer complaints involving financial institutions notwithstanding the Banks and Other Financial Institutions Act, 2020 (“BOFIA”). The Court found that the BOFIA did not displace the FCCPC’s statutory mandate and characterised the challenge as “frivolous and unmeritorious”, dismissing the action in its entirety and imposing a fine of NGN 2 million on the claimant.

Read more → FCCPC: Banks answerable to FCCPC, court rules

South Africa

CAC draws the line on divestiture powers and awards costs against Commission

In an unusual turn, the Competition Appeal Court (“CAC”) awarded a costs order against the Competition Commission after finding that it had purported to direct a divestiture without statutory authority. The CAC held that the Commission may only recommend divestiture to the Competition Tribunal, which alone has the power to impose such structural remedies, and found that the Commission had acted beyond its powers by issuing a directive that effectively compelled divestiture rather than referring the matter to the Tribunal in accordance with the statutory framework.

Read more → CAC judgment: African Rainbow Capital

Thresholds up, filings down

Revised merger notification thresholds and filing fees were gazetted on 8 May 2026, effective from 1 May 20-26. Intermediate merger thresholds move from ZAR 600 million to ZAR 1 billion (combined) and from ZAR 100 million to ZAR 100 million (target firm); large merger thresholds from ZAR 6.6 billion to ZAR 9.5 billion and from ZAR 190 million to ZAR 280 million, respectively. Filing fees increase to ZAR 220,000 for intermediate mergers (from ZAR 165,000) and ZAR 735,000 for large merger (from ZAR 550,000). The upward revision of thresholds will reduce the number of notifiable transactions, particularly smaller transactions that previously fell within the intermediate category.

ENS looked at the changes here → Increase to South African merger control thresholds and filing fees Effective 1 May 2026 / Determination of merger thresholds / Draft Amendment to Rule 10(5) - Merger Filing fees

Commission proposes streamlined enforcement of merger conditions

A draft amendment published for comment on 6 May 2026 would repeal Rule 39 of the Competition Commission Rules and replace it with a shorter enforcement path for the breach of merger conditions. The current rule requires the Commission to first deliver a Notice of Apparent Breach, after which the merging party has 10 business days to submit a remedial plan or challenge the notice before the Tribunal. The proposed rule removes those procedural steps and instead empowers the Commission, following an investigation, to issue a Notice Requesting Compliance and, if the firm fails to act, apply directly to the Tribunal for an order compelling compliance, with the onus of proving compliance falling on the firm. The comment period has closed and the final rule is awaited.

Read more → Competition Act: Amendment of Conduct of Proceedings in the Competition

Unpacking the Commission’s ESOP impact study

The Commission has published an impact study examining whether employee share ownership plans (ESOPs) imposed as merger remedies deliver real value to workers. Having reviewed fifteen ESOPs, the study found that only seven ESOPs had paid dividends by 2025, with payouts as low as ZAR 360 per beneficiary. Other recurring challenges include debt-heavy funding structures, uneven participation in governance, and worker consultation that often takes place only after key design decisions have already been made. The Commission proposes zero- interest funding, mandatory design principles and earlier consultation with workers before merger notification.

ENS unpacked the study here → Pseudo-ownership or real value?

Togo

Togo moves to modernise competition framework with new draft law

Togo has initiated an overhaul of its competition framework, with its Council of Ministers adopting on 1 April 2026 a draft law on the organisation of competition and consumer protection to replace a 1999 framework considered outdated in light of digitalisation, increased trade flows and regional integration commitments (including WAEMU, ECOWAS and the AfCFTA). The draft law codifies principles of free trade and pricing, introduces clearer rules on cartels, abuse of dominance and merger control and provides for the creation of a National Commission for Competition and Consumer Protection. The bill remains subject to parliamentary approval.

Read more → Council of Ministers communiqué