The Internationalization of Competition Law in Africa

August, 2017

Africa-Column

The Internationalization of Competition Law in Africa – By Daniel Schwarz (Clifford Chance)

Introduction

As competition law regimes have proliferated and developed throughout Africa, they have increasingly affected international businesses and interacted with competition authorities in other jurisdictions. Multiple regional organizations with responsibilities for competition policy have been established, with powers varying from merger control to coordination of cartel investigations. Increasing international cooperation has been facilitated by a wave of new memoranda of understanding (MoU) between authorities and aided by support from international development institutions. International trade agreements involving African countries also envisage deeper coordination of competition policy in the future. With additional countries adopting competition laws and existing regimes being expanded, African competition policy will continue to grow increasingly important for international businesses and regulators in years to come.

Competition law and development

Competition policy has a key role within the development agenda. Transforming markets characterized by monopolies and cartels towards fair competition is likely to reduce prices, increase output and improve innovation as producers seek to make more attractive products than rivals in order to increase market share and maximize profit. Reducing prices and increasing supply of key input goods such as transpo…

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