COMESA TO curb cartels practicing anti-competitive business conducts

Dr. Willard Mwemba COMESA Competition Commission Chief Executive

Dr. Willard Mwemba COMESA Competition Commission Chief Executive
By Kelly Njombo

In an effort to arrest cartels operating in the common market, the COMESA Competition Commission (CCC) is intensifying efforts to expose syndicates which have not been prosecuted due to complexity.
The Commission is cognisant that there could be cartels operating in the region which may have not yet been detected nor investigated.
According the latest annual report by the CCC, the Commission is aware that cartels cause the worst harm to markets compared to any other anti-competitive conduct.
“In the year 2025, the CCC will focus on cartels. The CCC is aware that there could be a number of cartels operating in the Common Market which have not been detected, investigated and successfully prosecuted due to the complexities and covert nature of cross-border cartels,” the report says.
It explains that the Commission commenced investigations on cartels in 2024, and will heighten efforts and vigour this year going forward.
The CCC notes that for regional integration to be achieved, there is need to get rid of all forms of anti-competitive practices that prevent the well-functioning of markets and trade.
The Commission has also observed a proliferation of unsafe products in the Common Market which may be hazardous to the consumers.
“The CCC will therefore enhance its enforcement actions
in these areas of concern to ensure that consumers are well protected and do not lose confidence in the market, a situation that has the potential of depressing markets,” the report reads.
It says research continues to play an important role in the enforcement of competition and consumer protection laws and in influencing policy across the region.
In this regard, the CCC will continue undertaking research in the agriculture and food markets, focusing on the sugar and the poultry markets in 2025, to understand the competition and consumer welfare dynamics.
CCC is confident that this will assist in designing appropriate interventions to address observed concerns.
The CCC will also continue to provide technical assistance to Member States to cover areas such as development of legal instruments, policies, guidelines, procedures, capacity building and sensitisation of various stakeholders.
“Capacity building is an ongoing activity as there is need to continuously train officials of national competition, consumer
protection and competent authorities of Member States at national and regional level to ensure they remain abreast with developments in competition and consumer protection law enforcement,” the Report explains.
The CCC is aware that advocacy is important in enhancing its visibility and as such will continue with its advocacy initiatives as well as forging strategic partnerships with national, regional and international stakeholders for effective enforcement of competition and consumer protection law.
Notably, the CCC intends to cooperate and collaborate with other Regional Competition Authorities in and outside Africa in advancing competition law enforcement in Africa and therefore, support the call for an integrated continent.
The Commission is aware that enhanced visibility is important as the more aware stakeholders are of the CCC’s work, the easier it becomes to identify and investigate anti-competitive conduct.
“The CCC is optimistic that the amended Regulations and Rules will be approved by the relevant authorities in the COMESA structures. The amendments to the Regulations are expected to address some of the emerging issues as well as challenges encountered in the enforcement of the current Regulations over the years,” the reports explains.
It disclosed that in the coming year, the CCC will focus on reviewing and drafting its 2026-2030 Strategic Plan as the current strategic programme will expire in December 2025.
CCC anticipates that the year 2025 will therefore be important for the CCC to reflect on the 2021-2025 Strategic Plan, identifying those issues that are pending and possibility of implementation prior to December 2025.
The CCC will also identify the challenges it faced in the implementation of the 2021-2025 Strategic Plan and identify solutions to avoid the repetition of the challenges in the implementation of the 2026-2030 Strategic Plan.
The CCC is a regional body established under Article 6 of the COMESA Regulations whose mandate is to enforce the provisions of the Regulations with regard to trade between Member States and promote competition through monitoring and investigating anti-competitive practices, and mediating disputes between Member States concerning anti-competitive conduct.

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