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Regulating Africa’s Digital Markets: What to Do, and What Not to Do
 |  Jun 11, 2023

By Folakunmi Pinheiro1 I. Introduction Earlier this year, the African Union passed the Protocol on Competition Policy to the Agreement establishing the African Continental Free Trade Area (“AfCFTA”) (hereinafter, the “Protocol”).2 The Protocol creates, for the first time, an integrated and unified competition regime for the continent together with an AfCFTA Competition Authority (hereinafter, the […]

Overhauls that Egypt Missed in Its New Amendments to the Egyptian Competition Law
 |  Apr 2, 2023

By Mariem Saad1   I. Background With the recent increase in investments across the African continent, it is vital that we view competition policy as a key driver of economic growth and to highlight the indispensable role competition authorities play as enforcers of competition policy within relevant economies. Over the past couple of years, African […]

The New Egyptian Merger Control Regime: A Former Enforcer’s Perspective
 |  Feb 13, 2023

By Dr. Amir Nabil1   I. Introduction Almost 17 years after the enactment of the Egyptian Competition Law (“ECL”), pre-merger control was finally introduced through the Law No. 175/2022. In the past few years, the Egyptian Competition Authority (“ECA”) had expressed concerns about the anticompetitive impact of some  transactions taking place in the market. It […]

Competition Law and Cross-Board Membership: Should Directors Sit on Their Competitors’ Boards?
 |  Dec 18, 2022

By Thula Kaira1   Introduction The purpose of competition law is aimed at ensuring that enterprises effect their market-based decisions in an independent manner (i.e., without the overt knowledge of what other enterprises may be considering). The general theory of harm posits that sitting on competitors’ boards is a recipe for receiving inside information and, […]

A Competition Law for Africa: Vision for AfCFTA
 |  Oct 13, 2022

By Eleanor M. Fox1   Negotiations are on a fast track for a competition protocol for the African continent. What should be the design?  This is a moment of opportunity.  Most African nations have a competition law, but with competition authorities at various stages of functionality.  Africa has eight Regional Economic Communities recognized by the […]

Identifying Barriers to Entry: A South African Perspective
 |  Jun 30, 2022

By Willem H. Boshoff1   Abstract: Barriers to entry are now a core concern of South African competition policy. Conventionally, entry barriers represent one factor relevant to assessing the sustainability and effects of market power and its abuse. South African competition policy now looks beyond conventional concerns, focusing on barriers to the participation and expansion […]

An Africa-Focused Competition Performance Index
 |  Mar 29, 2022

By Oluwatobi Ogundele1   Introduction When we consider international collaboration on competition issues, as well as comparative assessments of the performance of competition authorities globally, it should be noted that competition authorities in developed countries have had a head start in antitrust law enforcement compared to newer regimes in Africa. Only 13 countries in Africa […]

Competition Across the Radio Spectrum in West Africa: Regional and National Aspects
 |  Jan 6, 2021

By Georgiana Pop & Gonçalo Coelho (World Bank Group)1   Introduction The goal of this article is to help in identifying competition constraints related to the development of an efficient and pro-competitive system of spectrum management system in West Africa, both at the national and regional levels. This is especially important for the ECOWAS region, […]

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