Article 55 of the Treaty Establishing the Common Market for Eastern and Southern Africa (the “Treaty”), provides for the prohibition of any agreement or concerted practice between undertakings, which has as its objective or effect, the prevention, restriction or distortion of competition within the Common Market. It further authorises the Council to: “make regulations to regulate competition within the Member States.”

The COMESA Competition Regulations (the “Regulations”), made under the Treaty, establish the COMESA Competition Commission (the “Commission”) and empower it to regulate competition in the Common Market. The purpose of the Regulations as stated in Article 2 thereof 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.”