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Merger Control in Comes a Member States: Approach and Practice - Chapter 17 - International Antitrust Law & Policy: Fordham Corporate Law 2004
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International Antitrust Law & Policy: Fordham Corporate Law 2004 - Hardcover International Antitrust Law & Policy: Fordham Corporate Law 2004 - PDF ___________________________________________________________________________________ Preview Page Chapter 17
MERGER CONTROL IN COMESA MEMBER
STATES: APPROACH AND PRACTICE
George K Lipimile†
Paper presented at the Fordham Corporate Law Institute at the 31st
Annual Conference on International Antitrust Law and Policy, New York,
U.S.A.1
I. INTRODUCTION
In the last decade, more and more countries in the Southern African
region have continued to realise the value of competition as a tool for
spurring innovation, economic growth, and the economic well being of the
region. The industrial policies and other government interventions that
inhibit or distort competition within markets have not wholly disappeared
but are slowly disappearing with the introduction of market oriented
reforms.
All the countries, which have adopted competition laws in the
Common Market for Eastern and Southern Africa (COMESA)2 region,
have in their legislation some form of merger control regulation. To be
specific, the four countries that have enacted and are implementing
competition laws (i.e. Kenya, Malawi, Zambia and Zimbabwe) all have
merger control provisions in their legislation. The other countries in the
region who have already produced bills on competition law i.e. Swaziland,
Sudan, Tanzania and Egypt have inserted a merger control provision in
their respective bills. In fact, it would appear at the moment that the only
country in the Common Market that has not included a merger control
provision in its competition legislation is Mauritius.
About the Editor:
Barry Hawk, Director, Fordham Corporate Law Institute; Professor of Law, Fordham University and Partner, Skadden Arps Slate Meagher & Flom (New York and Brussels)
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