East/South Africa: Confusion with regional competition authority’s first merger filing
The regional competition authority Comesa, which holds antitrust jurisdiction over Eastern and Southern Africa, has received its first merger filing since coming into power on January 14. Werksmans Attorneys has issued the filing concerning Funai Electric’s acquisition of Philips Lifestyle Entertainment. Werkmans director Pieter Steyn outlined several areas of confusion concerning Comesa, including the need for clarification of whether Comesa’s ruling deems individual countries’ approval of mergers unnecessary and whether mergers can be completed without the body’s approval. Guidelines on the merger filing process are scheduled for publication in the coming weeks to clarify the issues.
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