Africa: Antitrust/Competition Law

The Namibia Competition Commission has proposed significant changes to merger notification thresholds and filing fees, including doubling current thresholds and implementing a simplified three-tier fee structure. These recommendations, presented at a stakeholder engagement on August 13, 2026, also introduce a supplementary discretionary review mechanism for transactions falling below revised thresholds that may still impact competition or raise public-interest concerns.

British American Tobacco faces significant penalties from Nigeria's Federal Competition and Consumer Protection Commission for alleged violations of consumer protection regulations. The case raises important questions about corporate compliance with local consumer laws and the enforcement powers of regulatory bodies in protecting market competition.

Nigeria's merger approval framework has evolved from a fragmented system under CAMA 2020 and ISA 2007 to a comprehensive competition-based regime under the Federal Competition and Consumer Protection Act 2018. This analysis examines whether the Corporate Affairs Commission could have administered competition reviews, why sector regulators retain parallel jurisdiction, and what institutional reforms would resolve the resulting coordination challenges.

Nigeria's port sector enters a transformative phase with the enactment of the Nigerian Port Economic Regulatory Agency Act, establishing a comprehensive legal framework for economic regulation and oversight. The legislation grants the Nigerian Shippers' Council expanded statutory powers over tariffs, licensing, competition matters, and commercial dispute resolution. Critical questions remain about implementation and how the new regulatory structure will coordinate with existing maritime agencies to avoid ju

Africa's mobile technology market is undergoing significant regulatory transformation as telecoms authorities and operators advance reforms around spectrum allocation and next-generation connectivity. From Ghana's competitive 5G market opening to Nigeria's first telecoms policy review in over two decades, regulatory frameworks are being modernised to address data costs, service quality, and infrastructure deployment. These developments signal a shift where competitive advantage increasingly depends on spect

Market competition drives innovation and economic growth, but price fixing undermines these benefits by allowing businesses to collude and set artificial prices. In Nigeria's inflation-prone economy...

Nigerian competition law prohibits predatory pricing as an abuse of dominance, where businesses with significant market power deliberately sell below cost to eliminate competitors. While the Federal Competition and Consumer Protection Commission has yet to issue a published predatory pricing decision, the legal framework provides clear guidance on cost benchmarks, enforcement mechanisms, and substantial penalties for violations.

Competition authorities across Africa are intensifying enforcement through new merger thresholds, cartel investigations, and market studies targeting sectors from poultry to tourism. Recent developments include Egypt's expanded Competition Act penalties, Mauritius launching a cartel amnesty programme, and courts clarifying regulatory jurisdiction over financial institutions in Nigeria.

The European Commission has launched an antitrust investigation into Sanofi over allegations that the pharmaceutical giant abused its dominant market position through a misleading communication campaign disparaging a competitor's influenza vaccine. The probe examines whether Sanofi falsely portrayed CSL Seqirus' Fluad vaccine as scientifically inferior while promoting its own Efluelda product to healthcare professionals in Germany and France.