African merger control remains fragmented between national and regional regimes. Transactions involving several African jurisdictions may therefore require multiple filings under rules that differ in terms of jurisdictional thresholds, procedures, review periods and enforcement practice. This may expose the same transaction to overlapping reviews, additional regulatory costs and potentially inconsistent outcomes.
The African Continental Free Trade Area (AfCFTA) seeks to address this fragmentation by establishing a continent-wide competition framework. The Protocol to the Agreement Establishing the African Continental Free Trade Area on Competition Policy (AfCFTA Competition Protocol) was adopted in February 2023 and provides for the creation of an AfCFTA Competition Authority, alongside an AfCFTA Competition Tribunal responsible to hear appeals.
