Regional watchdogs unite to curb cartels, tighten cross-border competition enforcement

Regional watchdogs unite to curb cartels, tighten cross-border competition enforcement

The agreement commits both agencies to harmonise competition enforcement across the regions and curb unfair trade practices that undermine fair market outcomes.

Cartels and rogue traders exploiting regulatory loopholes across Eastern and Southern Africa have been put on notice.

This follows a landmark agreement between two of the region’s key competition watchdogs aimed at tightening enforcement and safeguarding fair market practices.

The Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) and the East African Community (EAC) Competition Authority (EACCA) on Tuesday signed a Memorandum of Understanding (MOU) in Nairobi.

The agreement commits both agencies to harmonise competition enforcement across the regions and curb unfair trade practices that undermine fair market outcomes.

By aligning their efforts, the two bodies aim to eliminate regulatory gaps and jurisdictional overlaps that have long been exploited by unscrupulous players operating across the regions.

Both institutions bring significant regulatory weight to the table.

The CCC, established under the COMESA Competition Regulations of 2004, oversees competition and consumer protection across 21 member states.

On the other hand, the EACCA, created under the EAC Competition Act of 2006, holds a similar mandate across eight EAC partner states, six of which also belong to COMESA.

Notably, the MOU intends to facilitate information sharing, particularly during joint investigations, which shall be prioritised so as to safeguard the competition process and protect consumers in the region.

The agreement also aims to eliminate overlapping enforcement efforts, fostering greater clarity and consistency in the market.

In addition, it outlines provisions for joint efforts in conducting market inquiries and studies, as well as collaboration on technical assistance and capacity-building initiatives.

“The MOU seeks to, among others, enable the two institutions to undertake joint advocacy and awareness activities to sensitise stakeholders about the benefits of competition and consumer protection, which will ultimately impact and benefit the region,” the joint statement reads.

Nevertheless, the two agencies under the agreement will establish focal points responsible for coordinating and monitoring the implementation of prioritised activities through annual work plans.

They have also pledged to review relevant regulations and guidelines to ensure they remain effective and suitable for their intended purposes.

Willard Mwemba, the CCC chief executive, said the collaboration between Regional Economic Communities (RECs) is important as building blocs to the continental integration.

“The collaboration, through the signing of the MOU, would be important in bringing certainty to businesses, thereby enabling them to operate efficiently and effectively for the economic benefit of markets,” Mwemba said.

He added that the agreement will address how merger notifications affecting the EAC and COMESA countries will be addressed.

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