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Soft law > Unilateral Conduct

Draft Guidelines on Abuse of Dominant Position

COMESA Competition Competition, Guidelines, 2017

See Common Market for Eastern and Southern Africa Competition Commission's resume

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Article 18 (1) of the Regulations prohibits abuses of a dominant position. The Regulations do not prohibit the holding or the acquisition of a dominant position. However, any undertaking in a dominant position has a special responsibility not to allow its conduct to prevent, restrict or distort competition and affect trade in the Common Market.

The Commission may launch an investigation into any potential abuse of dominance upon request of any person or on its own initiative pursuant to Articles 21 and 22 of the Regulations respectively.

Enforcement of Article 18 is an integral part of enhancing regional economic integration in the Common Market and enhancing intra-regional trade among Member States. The goal of Article 18 is to protect competition in the Common Market as a means to enhancing regional trade, consumer welfare and ensuring efficient allocation of resources in the Common Market. A competitive open single market is acknowledged to be a prerequisite to enhancing intra-regional trade among Member States.