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Soft law > Concerted Practices

Draft Guidelines on Restrictive Business Practices

COMESA Competition Commission, Guidelines, May 2017

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

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The COMESA Competition Regulations of 2004 ("the Regulations”) prohibit certain restrictive business practices as incompatible with the objectives of the Common Market. According to Article 3(2) of the Regulations, the purpose of the Regulations “...is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market and to protect consumers against offensive conduct by market actors.”

These Guidelines set out how the Commission will exercise its powers under Part 3 of the Regulations by applying Article 16 (4) and Article 20 in assessing agreements between undertakings, decisions of association of undertakings and concerted practice which may affect trade between Member States and which restrict competition by object or effect.

The Guidelines set out some of the relevant factors which the Commission will consider in determining whether conduct is anti-competitive and prohibited under the Regulations. The Guidelines give guidance on how some practices, though anti-competitive in nature, could be authorised for a defined period under the Regulations in accordance with Article 16(4) of the Regulations or Article 20 of the Regulations.