Corporate Forum | Africa: COMESA Issues New Merger Regulations

Recently, the Common Market for Eastern and Southern Africa (COMESA) issued new regulations in an effort to curb anti-competitive behavior. Among the activities affected by the regulations are mergers and acquisitions. The regulations impose certain requirements on companies operating in the covered region that seek to merge with other companies, acquire the assets or controlling stock of another company, or combine in any way with another company. Among the requirements in the rules are (i) a duty to notify the COMESA Competition Commission (the “Commission”) of a decision to combine with another company and (ii) payment of a notice fee.  The relevant rules became effective on January 14, 2013. The Commission will oversee compliance with the regulations.

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