Competition Commission
Anti-competitive behaviour, including market foreclosure, is reducing the amount of regional trade taking place. For example, multinationals (such as cigarette and cement manufacturers and breweries) do not allow their individual national companies to trade with other countries in which they have another company. This reduces the amount of trade which takes place and limits the effectiveness of regional trade agreements.
A regional policy is necessary because national competition law and policy does not address the issue of regional anti-competitiveness behavior - these type of market foreclosure issues can only be addressed by a regional competition policy and legislation. If a country has a national competition policy and legislation in place the regional policy and law will complement it. If there is no national law and policy in place a country can use the regional policy and law as a national law as well (the EU model).
As regional integration deepens, the need for a fair, transparent and predictable framework for doing business becomes increasingly imperative. Since as at December 2006, only 7 COMESA countries had national competition laws, with funding from DFID on another programme, COMESA developed a Regional Competition Policy. Under RTFP, finance has been provided for planning the establishment of the COMESA Competition Commission and in April 2008 the Commissioners met for the first time at a meeting in Malawi (where the Commission will be located).
(An expert from the south African Competition Commission, which has worked in close cooperation with COMESA, also attended .)
The Board of Commissioners is composed of the Chief Executives of the national commissions in Egypt, Kenya, Madagascar, Malawi, Mauritius, Swaziland, Zambia and Zimbabwe. A Director and Registrar will provide the full-time staff and the Commission will be funded from annual subventions from the member States; support from cooperating partners and fees for various services.