COMESA: Competition Regulations 2025 Changes Overhaul Enforcement

• The COMESA Competition and Consumer Protection Regulations, 2025, have introduced significant changes to regional competition enforcement.
• Key areas affected include merger control, consumer protection, digital markets, penalties, and institutional processes.
• Eswatini Competition Commission CEO Siboniselizulu Simelane stated the new framework brings new rights, responsibilities, and compliance considerations.
• Businesses, regulators, legal practitioners, and consumer organisations will all be impacted by these comprehensive updates.
• Legal professionals must review the regulations to advise clients on revised compliance obligations and potential penalties, especially concerning digital markets.

Legal practitioners, in particular, face a critical mandate to thoroughly understand the COMESA Competition and Consumer Protection Regulations, 2025.

The Common Market for Eastern and Southern Africa (COMESA) has implemented substantial revisions to its competition framework with the introduction of the COMESA Competition and Consumer Protection Regulations, 2025. These new regulations have ushered in significant changes across various facets of competition enforcement, including merger control, consumer protection, the burgeoning digital markets, and the structure of penalties and institutional processes within the region.

These COMESA Competition Regulations 2025 changes are not merely procedural updates; they represent a comprehensive overhaul designed to adapt to the evolving economic landscape. The Eswatini Competition Commission's Chief Executive Officer, Siboniselizulu Simelane, speaking from Mbabane, underscored the profound impact of this new framework. He highlighted that it will introduce a fresh set of rights, responsibilities, and compliance considerations for a wide array of stakeholders operating within the COMESA economic bloc.

Simelane's remarks emphasize that the updated regulations will necessitate a thorough re-evaluation of existing practices for businesses, regulatory bodies, legal practitioners, and consumer organisations alike. The aim is to foster a more robust and equitable competitive environment, while also addressing contemporary challenges, particularly those arising from the digital economy. This proactive approach by COMESA signals a commitment to strengthening African regional competition law and ensuring fair market conduct.

The scope of the COMESA Competition and Consumer Protection Regulations, 2025, is broad, targeting critical areas that shape market dynamics. A central focus is on enhancing COMESA competition enforcement, which implies more stringent oversight and potentially more frequent interventions by regulatory authorities. Businesses operating across member states will need to be acutely aware of these heightened enforcement measures, as non-compliance could carry significant repercussions.

Furthermore, the regulations introduce notable COMESA merger control changes. This means that companies contemplating mergers or acquisitions within the COMESA region will likely face revised procedures, thresholds, and substantive assessments. The objective is to prevent anti-competitive concentrations of power and to safeguard market access for smaller players. The framework also extends its reach to consumer protection, aiming to bolster safeguards for consumers against unfair practices and ensure transparency in commercial dealings.

Crucially, the new rules address the complexities of COMESA digital markets rules. This inclusion acknowledges the rapid growth and unique challenges posed by digital platforms and services, which often operate across borders with distinct competitive dynamics. The regulations are expected to provide clearer guidelines and enforcement tools to manage competition and consumer welfare in this rapidly evolving sector. Alongside these substantive changes, the framework also revises penalties for infringements and streamlines institutional processes, indicating a more efficient and potentially more punitive regulatory regime.

The comprehensive nature of the COMESA Competition Regulations 2025 changes means that all stakeholders within the region must prepare for a new era of compliance. For businesses, this translates into a need to review internal policies and practices to align with the updated requirements, particularly concerning competition enforcement and merger control. The introduction of new responsibilities demands a proactive approach to risk management and legal counsel.

Legal practitioners, in particular, face a critical mandate to thoroughly understand the COMESA Competition and Consumer Protection Regulations, 2025. Their expertise will be essential in advising clients on the revised compliance obligations, navigating the updated merger control procedures, and understanding the potential penalties associated with non-adherence. This is especially pertinent for companies engaged in digital markets, where the regulatory landscape is rapidly evolving and often complex.

Ultimately, the new framework aims to foster a more competitive and consumer-friendly environment across the COMESA region. However, achieving this goal hinges on the diligent efforts of businesses to comply and the proactive guidance of legal professionals. Understanding these changes is paramount for mitigating risks and ensuring continued operational success in the dynamic African regional competition law landscape.

Lawyers and compliance officers must review the new COMESA Competition and Consumer Protection Regulations, 2025, to understand revised compliance obligations, merger control procedures, and potential penalties, especially concerning digital markets, to advise clients effectively and mitigate risks across the COMESA region.

Source: Original reporting via Times of Eswatini