The COMESA Competition Commission (CCC), Earlier Experiences and Lessons for Regional Competition Regimes in the Global South

The COMESA Competition Commission (CCC) has been recognized as the most established regional competition authority so far in Africa. However, the CCC’s enforcement of the 2004 COMESA Competition Regulations (the “Regulations”) has not been easy. It has been marred with challenges. For instance, the launch of CCC –although established in 2004–faced backlash from some of the COMESA Member States, COMESA national competition agencies (NCAs), lawyers, and the business community even before it became operational. That is why it took almost a decade, in 2013, for CCC to commence enforcement of the Regulations. Despite these challenges, on 14th January 2023, CCC will be celebrating a decade of existence. If so, how has CCC enhanced the enforcement of the regional competition laws and what lessons can young and emerging regional competition regimes (RCRs) learn from CCC? In this blog article, we discuss the strategies that CCC has adopted in building its authority and strengthening cooperation with NCAs and other stakeholders in the enforcement of the COMESA regional competition law.

Afronomicslaw Indaba Episode 5 with Professor Anna Gelpern: Understanding Sovereign Debt Today

Welcome to the Fifth Afronomicslaw.org Indaba. Indaba is a Zulu and Xhosa word that refers to a meeting to discuss a serious topic – it also refers to a discussion on a matter of concern or for discussion. Our guest for the Afronomicslaw's Fifth Indaba is Professor Anna Gelpern, the Anne Fleming Research Professor at Georgetown Law and a non-resident senior fellow at the Peter G. Peterson Institute for International Economics. Her Conversation with our Professor James T. Gathii focuses on "Understanding Sovereign Debt Today".

How(Not) to Regulate Digital Markets: Lessons from the EU

The EU is often touted as providing an exemplary model for regional integration in the field of competition policy. It has indeed been successful in many ways – integrating diverse markets through strict anti-cartel laws, introducing an effective one-stop-shop merger regime in the 1990s, and tackling dominance steadfastly albeit less prolifically.However, given its experimentalist and ever-evolving nature, the EU competition regime is also bound to sometimes 'get it wrong'. In the author’s view, this statement holds true regarding the digital markets domain that was recently earmarked for regulation in the EU.

The Role of Regional Competition Regimes in Supporting International Enforcement Cooperation

This blog post discusses the role of regional competition regimes (RCRs) in supporting international enforcement cooperation. The appetite for trade among nations has been insatiable over the past several decades. As cross-border trade and business transactions increased, there was also widespread adoption of competition laws and an increased number of competition enforcement authorities around the world, both at the national level and regional level. As a result, there has also been an increase in the cross-border nature of business conduct investigated by competition authorities.

The Southern African Public Law Journal Launches New Blog: The Public Law Corner

August 22, 2021

In association with the Southern African Public Law Journal (SAPL), the Public Law Corner (PLC) is a contemporary space for legal practitioners, students, academics, and people beyond the legal sector to engage with relevant and current legal issues related to public law. Our main aim is to amplify all voices and issues in public law that are often excluded from formal publications.

Southern African Regional Competition Regimes – Where are we today?

This article ponders on the developments in the Southern African cooperation in competition enforcement through some of the regional economic instruments, namely, the 2002 Southern African Customs Union (SACU) Agreement, the 2004 Common Market for Eastern and Southern Africa (COMESA) Competition Regulations, the 2009 Southern African Development Community (SADC)[2] Declaration on regional cooperation in competition and consumer policies, and the African Competition Forum (ACF). In this regard, I briefly touch on the importance of regional cooperation in enforcing competition regulation, the challenges faced in the implementation of Southern African regional competition regimes (RCRs), and the reasons why these RCRs face these challenges.

Call for Application: Director, Centre for Human Rights, University of Pretoria

August 20, 2021

The Centre for Human Rights, University of Pretoria, is inviting applications for a new Director

The University of Pretoria wishes to invite applications for the following vacancy at the Centre for Human Rights (an academic department and a non-governmental organisation at the University).