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Soft law > Mergers

COMESA Merger Assessment Guidelines

Guidelines, August 2014

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The COMESA Competition Commission (the Commission) is charged with the administration and enforcement of the COMESA Competition Regulations (the Regulations). Since the Commission commenced operations in January 2013, the most active provisions of the Regulations have been the Merger Control Provisions. As a consequence of this, the Commission has found itself with the responsibility of explaining and interpreting the Regulations and for responding to inquiries from the public regarding their application. This prompted the Commission to commence the development of the COMESA Merger Assessment Guidelines (the Guidelines). The Commission is therefore hereby publishing the Guidelines. The Guidelines are prepared as part of the Commission’s ongoing efforts to clarify and provide guidance about its merger enforcement policies and practices. The preparation process of the Guidelines was done in cooperation with the International Finance Corporation (IFC), a member of the World Bank Group.

The preparation of the Guidelines engaged wide consultations with the various stakeholders among them, the International Bar Association, the American Bar Association, international and regional law firms, National Competition Authorities and the International Competition Network. The preparation further consulted existing literature on the subject matter including the European Union (EU) Merger Regulations and Guidelines and the prevailing Regulations and Rules of Member States. The process of preparing the Guidelines also took into account the nature of markets in the Common Market. Following input and review from the aforementioned stakeholders, the Guidelines have since been finalized and adopted by the Board of the Commission.

The Commission wishes to thank the IFC and Consultants who were engaged to draft the Guidelines. Further, the Commission wishes to thank the Steering Committee and other experts who contributed to the process of preparation of these Guidelines.

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