COMESA and EAC organs sign cooperation MOU

 

BY PAUL TENTENA

The COMESA Competition Commission (CCC) an organ of the Common Market for Eastern and Southern Africa (COMESA) and the East African Community Competition Authority (EACCA) have signed a Memorandum of Understanding (MOU) aimed at strengthening cooperation between the two agencies in advancing competition enforcement to protect competitive market outcomes in the region.

According to Dr. Willard Mwemba Chief Executive Officer of COMESA Competition Commission, the signing of the MOU is a milestone at the end of what has been a long journey involving several negotiation meetings between the two competition authorities in an effort to marry their concurrent laws and activities.

“This MOU could not have come at a better time than now when we are witnessing increased adoption of competition laws not only around the world but also in Africa.

“At the global level, there are more than 125 countries with competition laws; 46 of them are in Africa and 19 of them in the COMESA Region bloc.

“It is admirable that 19 of the 21 COMESA Member States have adopted competition laws, 5 of them that belong to the EAC regional bloc have also adopted competition laws.

“Therefore, EAC Regional bloc which has 6 COMESA Member States in its fold, prides itself in having 5 of them with adopted competition laws and established institutions. Thus, pointing to the need for collaboration so as to combine resources and efforts which involve these same countries,” said Mwemba.

The MOU facilitates information sharing particularly during joint investigations, which shall be prioritized so as to safeguard the competition process and protect consumers in the region.

Further, the MOU seeks to address potential duplication in enforcement, thereby creating certainty and predictability in the market. The MOU also provides for cooperation and coordination in carrying out market inquiries and studies, technical assistance and capacity building.

During the signing ceremony, the two institutions recognized their already existing collaboration in these areas which shall be strengthened by the Memorandum Of Understanding.

In addition, the MOU signed 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.

Under the MoU, the two agencies have set up focal points tasked with coordinating and monitoring implementation of the prioritized activities through annual work plans.

The two institutions have also committed to review various complementary regulations and guidelines to ensure they are fit for purpose.

Mwemba added that with the advent of the African Continental Free Trade Area (AfCFTA), it has become necessary for Regional Economic Communities (RECs) to collaborate more closely to give life to the function of RECs as building blocs.

“It is our hope as COMESA Competition Commission that the signing of this MOU will enhance certainty to business merging within the COMESA and EAC Region, increase detection of cross border anti-competitive practices and consumer violations, and lead to enhanced cross border enforcement,” he noted.

 The COMESA Competition Commission is a regional competition and consumer protection agency that was established by the COMESA Competition Regulations of 2004 while EACCA is an institution of the East African Community established by the EAC Competition Act, 2006.

The COMESA Competition Commission regulates competition and consumer protection matters in twenty-one COMESA Member States while EACCA exercises the same mandate in eight Partner States.

Six of the Partner States of the EAC have membership in COMESA.