Pending Amendments To The COMESA Merger Control Regime

In early 2024, the Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) proposed significant amendments to its merger control regime. The Draft Regulations aim to transform the current voluntary, non-suspensory regime into a mandatory, suspensory system. Although initially expected to take effect by late 2024, the timeline appears uncertain.

Key Proposed Changes:

Mandatory Notification and Suspensory Effect

Under the new regime, notification will be required if a transaction meets regional dimension and notification thresholds, leading to a change of control. Transactions cannot be closed before receiving CCC approval. Violations, such as closing a deal prematurely, may result in fines of up to 10% of the parties' COMESA annual turnover.