Symposium Posts

Given the promising potential for deeper trade and investment relationships between both regions, there is a dearth of scholarly analysis on the Africa-Caribbean economic relationship, which this AfronomicsLaw Symposium aims to address partially. The five essays in this symposium, all authored by well-respected academics and practitioners, explore various themes of the Africa-Caribbean relationship. The essays all refer to the shared bonds of history and the need for more significant action on both sides to actualise a mutually beneficial region-to-region relationship. All of the essays offer innovative recommendations for deepening Africa-Caribbean relations.

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.

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.

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.

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.

This blog post illustrates the role of national competition agencies (NCAs) in enforcing regional-level competition laws in Africa. Generally, the journey to regional integration starts with action at the national level. Then, as countries enter discussions and negotiations, treaties or agreements are signed containing articles that spell out common interests between States.

While there is consensus about the importance of regional competition regimes towards realizing the economic benefits associated with regional market agreements, there are certainly multiple pathways that may be taken towards the regionalization of competition law and policy in any particular regional grouping. The exact path chosen will inevitably be led by the specific economic and geo-political circumstances in which the member states of the regional grouping operate. In the case of the ASEAN Economic Community, it is submitted that the most practical way forward is to take a “bottom-up” approach with two or more member states taking the lead to establish common ground in specific areas of competition law practice, particularly those that are of greater significance in cross-border transactions and investigations. The success of such smaller initiatives might encourage other members of the regional grouping to follow suit and, hopefully, participate in other “harmonization and convergence” reform efforts that will help ASEAN advance its single market aspirations.

The objective of integrating the African economies is now continental. Hence, the entry into force of the African Continental Free Trade Agreement for a Continental Free Trade Area (AfCFTA) marks a new and more ambitious stage in the process of integrating African economies[1]. Generally, regional integration projects and initiatives have a strong focus on the trade dimension. They aim at lowering and eliminating trade barriers by prohibiting participating members' restraints of trade in the internal market or by creating a common market. The trade dimension is important. However, its objectives would not be achieved without a competition policy dimension as a compliment. Hence, restrictions of competition on the regional level have both a trade and a competition component. To achieve the objective of creating regional markets free of trade barriers, it is crucial, in addition to the prohibiting restriction of trade, to police private and State initiated anti-competitive behaviors.

There are numerous regional agreements among developing countries. They aim to tear down the trade and investment barriers between and among their members. Moreover, they adopt competition policy and free movement policy to free their internal markets of private and state restraints to achieve market integration, efficiency, opportunity, competitiveness, and a higher standard of living. But most of these regional arrangements do not live up to their potential. Competition policy lags. Why? Reasons commonly given include asymmetry of the member states and their interests, lack of funding and sources for it, large informal markets, governance not sympathetic to competition, and corrupt leadership of nations set on retaining power and privilege. But two critical elements are virtually always overlooked, and unless they are recognized and prioritized, the hope of the regional agreements will never be realized.

This article highlights the benefits the CSME region enjoys for having a regional competition framework and the challenges faced by the Commission in meeting its mandate. It also presents some strategies which the Commission used to overcome these challenges.