COMESA Council of Ministers approve Quadra C



BY PAUL TENTENA

The COMESA Council of Ministers (the “Council”) has approved the COMESA Competition and Consumer Protection Regulations, 2025 (the “2025 Regulations”) and the COMESA Competition and Consumer Protection Rules, 2025 (the “2025 Rules”) leading to the change of name of the formerly COMESA Competition Commission (CCC) to COMESA Competition and Consumer Commission (CCCC).

According to Ms. Meti Demissie Disasa, Registrar COMESA Competition and Consumer Commission, at its 46th meeting held on 4 December 2025, the COMESA Council of Ministers took the decision to repeal the former law, leading to the creation of the new entity.

“Pursuant to Regulation 84 of the 2025 Regulations read together with Rule 38 of the 2025 Rules, the 2025 Regulations and Rules shall take effect immediately after approval by the Council, that is, from 5 December 2025.

“Further, in accordance with Regulation 82 of the 2025 Regulations and Rule 39 of the 2025 Rules, the COMESA Competition Regulations of 2004 (the 2004 Regulations) and the COMESA Competition Rules of 2004 are hereby repealed,” said Disasa in a press release issued on Monday.

Regulation 8 of the 2025 Regulations recognises the establishment of the “COMESA Competition and Consumer Commission”. This, accordingly, the name “COMESA Competition Commission” was amended to reflect the change as from 5 December 2025.

“The transitional provisions under Regulation 82 of the 2025 Regulations which provide the COMESA Competition Regulations (December 2004) are hereby repealed.

“Any action undertaken under the repealed COMESA Competition Regulations shall remain valid, any Rules or other instruments made under the repealed COMESA Competition Regulations shall, in so far as they are not inconsistent with the provisions of these Regulations, be deemed to have been made under these Regulations and shall continue to be in force under these Regulations until amended or repealed under these Regulations,” said Disasa.

She added that any investigation, legal proceedings or penalty, forfeiture or punishment instituted or incurred in respect of a contravention committed under the repealed COMESA Competition Regulations, before the commencement of these Regulations, may be instituted or continued under the repealed COMESA Competition Regulations (December 2004).

Any matter filed under the repealed COMESA Competition Regulations, on or before the commencement of these Regulations, and pending before the Board appointed under the repealed COMESA Competition Regulations or the Appeals Board and the Committee Responsible for Initial Determinations established under the repealed COMESA Competition Regulations and COMESA Competition Commission (Appeals Board Procedure Rules) 2017, shall be continued and concluded under the repealed COMESA Competition Regulations.

Disasa added that a Commissioner appointed before the coming into force of these Regulations, shall continue to hold office as though they were appointed under these Regulations, for  the avoidance of doubt, a person who, before the commencement of these Regulations, was an officer, employee, expert or advisor of the COMESA Competition Commission established under the repealed COMESA Competition Regulations, shall continue to be an officer, employee, expert or advisor of the COMESA Competition and Consumer Commission, as the case may be, as if appointed or employed under these Regulations.

The shift to Quadra C, which was done generally to give visibility to the Consumer Protection role with in the COMESA market, the Council of Ministers agreed that on the commencement of these Regulations, the assets, rights and liabilities of the COMESA Competition Commission under the repealed COMESA Competition Regulations (December 2004) shall be deemed to be the assets and liabilities of the COMESA Competition and Consumer Commission under these Regulations.

The Council also resolved that any contract or agreement executed under the repealed COMESA Competition Regulations shall continue to have effect in accordance with its terms as if it was originally made and entered into under these Regulations.

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