Edited by Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal S. Gal and David J. Gerber
Chapter 10: The COMESA Regional Competition Regulations
George K. Lipimile* 1. THE NEED FOR A REGIONAL COMPETITION POLICY As a result of the much-supported regional economic integration process taking place in the Common Market for Eastern and Southern Africa (COMESA) region, it has become imperative for national competition authorities in the region to cooperate in their competition law enforcement work in order to deal effectively with restrictions on competition that have cross-border effects. Similarly, in order for COMESA to achieve success in the integration of its markets, there is a need to increase transparency and accountability of government actions, expand and deepen cooperation between competition authorities, and encourage greater soft harmonization and convergence of the different national legal systems. Increased globalization has further meant that a higher percentage of competition cases now have signiﬁcant regional and international components. As trade and investment liberalization reduces entry barriers, ﬁrms may have greater incentives to engage in anti-competitive practices and mergers, which would limit market access by other ﬁrms. Therefore, the need for increased regional cooperation can be achieved at different levels and in different forms. The regional competition law and policy is one such initiative. * Mr George K. Lipimile is currently the Director and Chief Executive Ofﬁcer of the newly established COMESA Competition Commission – a regional body charged with the enforcement of competition and consumer policy in 19 member states of the Common Market for Eastern and Southern Africa. He was, further, Senior Advisor on Competition and Consumer Policy to UNCTAD in Geneva. Prior to that, he...
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