Antitrust laws are developing across Africa, with 27 countries having national laws and over 10 more in the process of adoption. Four major regional economic communities have antitrust laws applicable to their member countries. While merger regulation is active, antitrust authorities are now focusing more on abuse of dominance and cartels. East and Central Africa has the most active antitrust enforcement regionally and nationally, though overlapping jurisdiction among laws is a challenge. North Africa relies mainly on national enforcement. The Tripartite Free Trade Agreement may lead to greater harmonization of antitrust laws across Africa in the future.

1. Antitrust in Africa
Omesa, Francis Osiemo
22nd February 2016

2. Overview
• 5 Key Facts
• East & Central Africa
• North Africa – Key Facts
• Southern Africa – Zimbabwe
• Conclusion
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3. 5 Key Facts
• 27 out of a total of 55 countries in Africa, have
national antitrust laws.
• More than 10 countries without national antitrust
laws are in the process of adopting one.
• 4 major Regional Economic Communities (RECs)-
institutions similar to the EU- have antitrust laws.
• The Tripartite Free Trade Agreement (TFTA) will
create an anti-trust law applicable in 26 countries.
• While merger regulation is active, most Commissions
are now focusing on abuse of dominance/cartels.
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4. East & Central Africa - EAC
The East African Community
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5. East & Central Africa - COMESA
The Common Market for Eastern and Southern Africa
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6. East & Central Africa - COMESA
• The COMESA Commission is active on Mergers; no
reported cases on abuse of dominance/cartels.
• Construction (10.39%), energy (10.39%), and
insurance (11.69%) are the most active industries
when it comes to mergers.
• Mergers might require multiple notification in
COMESA Commission, EAC Commission, and the
national competition commission.
• This is especially the case with countries with
overlapping membership like Kenya or Uganda (has
no national competition law).
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7. East & Central Africa - CEMAC
The Economic and Monetary Community of Central
Africa
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8. East & Central Africa – Key Facts
• Most active region for antitrust enforcement.
• <10 national jurisdictions have active antitrust
regimes.
• Notable regional antitrust laws: CEMAC, COMESA,
and recently the EAC.
• Main challenge: overlapping jurisdiction.
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9. North Africa – Key Facts
• Antitrust enforcement is largely national, with limited
regional activity.
• Tunisia is the only country in this region with private
action and a leniency programme.
• Challenges: limited national enforcement, no official
guidelines, and most jurisdictions have no leniency
programme.
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10. Southern Africa - Zimbabwe
• The Zimbabwean Commission was more active in the
past especially between 1999 to 2010.
• The COMESA antitrust regime applies in Zimbabwe.
• The antitrust law has no provision on abuse of
dominance.
• A leniency programme is under consideration; there
is no private enforcement.
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11. Conclusion
• Antitrust competition enforcement is more active in
the North, South, and East Africa. Enforcement is less
active in West Africa.
• South Africa is the most active jurisdiction in Africa.
• The enforcement of the Tripartite Free Trade
Agreement (TFTA) might lead to more convergence
of both national and regional antitrust laws.
• More information for: Mergers in Africa (Updated
Multij Table) and abuse of dominance/Cartels in
Africa (Legal.46639377.1/FROM/99999.10034).
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12. Thank You!
This document provides a general summary only and is not intended to be comprehensive. Specific legal advice should always be sought
in relation to the particular facts of a given situation.