ARTICLE
28 April 2025

Africa Competition Law Quarterly Round-Up

E
ENS

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ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
Burundi has officially launched the Commission Indépendante de la Concurrence, adding to the growing list of national competition authorities in Africa. As the authority begins its operations...
South Africa Antitrust/Competition Law

BURUNDI

Burundi competition authority established

Burundi has officially launched the Commission Indépendante de la Concurrence, adding to the growing list of national competition authorities in Africa. As the authority begins its operations, we await the publication of merger notification thresholds, which will provide essential clarity on its enforcement framework. ENS will continue to monitor these developments and provide you with timely updates as they unfold.

COMESA

COMESA Competition Commission – CAF media rights probe nears final whistle whilst proposed amendments to the COMESA Competition Regulations are on half-time

The COMESA Competition Commission (CCC) long-running investigations into CAF's media rights agreements are nearing full-time. Initiated in 2017, the probe has seen two cases settled in 2024 (read more on SuperSport and Canal+), while a landmark third case against beIN Sports (the first to result in a fine by the CCC for a restrictive business practice) was contested on appeal in February 2025. All eyes are on the competition watchdog to see whether it will uphold its red card against beIN Sports. The Appeals Board's decision is expected in April 2025.

COMESA has hit the pause button on its proposed amendments to the COMESA Competition Regulations

Competition lawyers and dealmakers can breathe a sigh of relief, as the amendments would have introduced a suspensory merger regime. ENS provides an in-depth analysis of the implications of the proposed amendments here → ENSight: Progressive changes Proposed by Powerhouse Regional Body to COMESA Competition Regulations.

ECOWAS

ECOWAS Regional Competition Authority (ERCA) becomes fully operational

In a significant development for competition law in Africa, the ECOWAS Regional Competition Authority (ERCA) became fully operational in October 2024. This marks a crucial step toward a more streamlined and cohesive regulatory framework across the 15 West African countries and is expected to enhance the efficiency of cross-border merger control, particularly with the implementation of filing thresholds and procedural requirements.

ENS has since made our first merger filings with ERCA. This represents an exciting milestone and further solidifies our position as leaders in offering expert advice on regional competition requirements across Africa, building on our extensive experience with COMESA and CEMAC filings. Read more → Swearing-in of the members of the Council of the ECOWAS Regional Competition Authority (ERCA)

EGYPT

Egyptian Competition Authority (ECA) cracks down on price-fixing in the poultry industry, referring 162 firms for prosecution

The ECA has taken a peck at collusion, initiating criminal proceedings against 162 producers of broiler chicks for their involvement in three horizontal agreements. According to ECA, these companies colluded to determine the daily selling prices of broiler chicks, which led to inflated prices for chicks and poultry, ultimately affecting consumers in Egypt.

The regulator is determined to restore fair play in the poultry market. Read more → ECA initiates criminal proceedings against 162 companies of broiler chicks and the General Federation of Poultry Producers

KENYA

CAK Animal Feed Market Inquiry Report highlights key sector issues

The Competition Authority of Kenya (CAK) has published its Animal Feed Market Inquiry Report, taking a deeper dive into the animal feed sector. The report reveals key issues in the sector, including high market concentration with a few dominant players, significant price volatility in raw materials which contributes to rising feed costs, supply chain disruptions causing inflated prices and affecting smaller producers, and a lack of transparency in pricing and distribution. Read more → Animal Feed Market Inquiry Report, 2024.

CAK's 2023-2024 Annual Report: enforcement actions and penalties in the steel sector

On 10 March 2025, the CAK released its 2023-2024 Annual Report, highlighting its enforcement actions in other sectors. The CAK found nine steel manufacturers guilty of price-fixing, imposing a KSh338.8-million fine. The authority also tackled 73 restrictive trade cases in the past year, with 42 cases being coordinated cartel conduct and 25 being abuse of market dominance. Read more → CAK Annual Report 2023-2024 Financial Year.

Upcoming Competition (Amendment) Bill, 2024 to address digital economy market dominance

The CAK anticipates the passing of the Competition (Amendment) Bill, 2024 by June 2025, which aims to regulate market dominance in the digital economy. The Bill introduces specific measures for digital platforms, aiming to curb monopolistic practices and ensure fair competition across sectors such as online intermediation, search engines and social networking services. Read more → Government Moves to Regulate Market Dominance in Digital Economy.

MALAWI

Malawi raises the bar: new merger thresholds and fees in effect

Malawi has introduced new thresholds for mandatory merger notifications under the Competition and Fair Trading (Thresholds for Proposed Mergers) Notice, 2024. Effective December 2024, a transaction must be notified to the Competition and Fair Trading Commission if the combined annual turnover or asset value (whichever is higher) of the merging parties exceeds MWK10--billion, or if the target's turnover alone exceeds MWK5-billion. The new Regulations also provide for merger filing fees set at 0.5% of the merging parties' turnover or asset value, whichever is higher, in Malawi. Additionally, fees now apply to advisory opinions and negative clearances. Read more → Competition and Fair Trading (Thresholds for Proposed Mergers) Notice, 2024

MAURITIUS

Competition Commission in leadership limbo

The Competition Commission of Mauritius is currently awaiting the appointment of a new head, raising questions about the potential impact on enforcement. We are closely watching to see whether new leadership will drive stricter enforcement or maintain the status quo.

MOZAMBIQUE

Mozambique's cement sector: fostering competition and lower prices

The Mozambican Ministry of Economy's decision to reduce tariff protection for the cement sector by 20% aims to boost competition and lower prices. With regional investments exceeding USD100-million, the country now has 10 cement production units, up from four. The government acknowledges that the previous protection stifled competition, and opening the market will allow for greater cost transparency and new entrants. Regulatory changes are also being considered to prevent conflicts of interest and ensure a fair and competitive environment in the industry. Read more → Government to Remove 20% of Protection for Cement Industry to Reduce Prices

NAMIBIA

Competition Commission seeks court action Against Namib Mills and Namib Poultry Industries for anti-competitive practices in poultry market

The Namibian Competition Commission (NCC) initiated court proceedings against Namib Mills (Pty) Ltd and NPI and Namib Poultry Industries (Pty) Ltd (NPI) for contravening various sections of the Competition Act, 2003. As the dominant producers and distributors in the relevant market for local production and supply of tertiary range poultry products in Namibia, the NCC found that Namib Mills' and NPI's refusal to supply tertiary range poultry products to micro, small, and medium enterprises (MSMEs) for six months amounted to a substantial lessening of competition, creating barriers to market entry and stifling MSMEs' ability to compete. Read more → Notice of Action to be Taken under the Competition Act against Namib Mills and NPI

NIGERIA

Regulator initiates legal proceedings against MultiChoice Nigeria

The Federal Competition and Consumer Protection Commission (FCCPC) has filed a lawsuit against MultiChoice Nigeria Limited and its CEO, John Ugbe, for allegedly violating regulatory directives. The FCCPC had instructed MultiChoice to suspend a proposed price increase for its pay-TV services, DStv and GOtv, pending a review. However, the company proceeded with the price hike on 1 March 2025, leading to accusations of wilful obstruction of the FCCPC's inquiry. This legal action raises critical questions about corporate compliance with regulatory bodies. Read more → REUTERS: Nigerian competition agency sues MultiChoice over price hike

SOUTH AFRICA

Tech giants face local news compensation push

The Competition Commission's Media and Digital Platforms Market Inquiry provision report highlights the unfair treatment of local South African media and calls on Google, Meta, and X for to adjust their algorithms and for Google to compensate the local news outlets for value extracted – potentially ZAR300-500m annually for a three to five-year period. Will the giants fight back? Stay tuned for the Commission's final report. Read more → Competition Commission MDPMI Provisional Report Findings & Recommendations

Vermont face fines for price-fixing

Meanwhile, the Competition Tribunal of South Africa confirmed a ZAR900 000 fine against Vermont Sales for engaging in resale price maintenance. The settlement includes a commitment to instituting a competition law compliance programme within the company.

Tribunal releases reasons for Vodacom/Maziv merger prohibition after five months

The Tribunal has finally released its reasons for prohibiting the proposed merger, confirming that while the transaction included certain public interest commitments, these were largely not merger-specific and often aligned with pre-existing regulatory obligations.

Critically, the Tribunal found that the anti-competitive effects, including the loss of competitive rivalry, potential foreclosure of rivals, and long-term harm to consumers, SMMEs and HDPs, outweighed any merger-specific public interest benefits.

It concluded that "the merger-specific commitments as identified end after five years (...) and up to *[...] years (in the case of certain other merger-specific commitments). In contrast, the effects of the proposed transaction will endure and the loss of competitive rivalry at several levels as a result of the proposed transaction, and the likely foreclosure of rivals that cannot be effectively monitored and effectively enforced, is permanent in nature. (...) Given the duration of the adverse effects and the millions of South African consumers/SMMEs/HDPs that would be affected by this, we conclude that the net effect of the proposed transaction on South African consumers/SMMEs/HDPs, and the sector as a whole, will be negative."

TUNISIA

Proposed amendments to strengthen competition law

The proposed amendments to Law No. 36 of 2015 on competition and prices introduce stricter penalties for speculative practices, hoarding and illegal price increases. Key revisions include fines of TND1 000 to TND10 000 for refusing to sell or conditional selling. Offenders may face imprisonment ranging from one to six months, and fines up to TND500 000 for breaches related to illegal price increases or non-compliance with price support arrangements. The amendments also introduce fines for failure to submit required documentation or providing false information in pricing matters, as well as criminal penalties for fraud, including fraudulent accounting or false invoicing. Read more → TunisNow: Proposed Law To Deter Price Hikes.

UGANDA

Uganda enacts new Competition Act, but Implementation still stalled by absence of regulations

Uganda has finally passed its long-awaited Competition Act, marking a significant milestone in the country's competition law landscape. However, the absence of implementing regulations has left enforcement in limbo. ENS unpacks what businesses need to know. Read ENS's Analysis → The Waiting Game: Uganda's Delayed Competition

Afriwise spoke with our ENS experts on the arduous journey to this point, the sectors and businesses most affected, and what comes next for competition enforcement in Uganda. → Watch the full discussion here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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