Competition authorities play an important role as champions, advocates and enforcers of competition policy across economies and view competition policy as a key driver of economic growth. Although over the past two years African competition regulators have actively engaged in efforts to address pandemic-related challenges, there has also been a general upward trend in competition policy enforcement across the continent. Matrices used to analyze economic transformation, such as the Bertelsmann Transformation Index, note the existence of comprehensive competition laws that are enforced (to some degree) in at least 46 African jurisdictions. The graph below, by Bertelsmann Transformation Index, denotes the existence of comprehensive competition laws that are strictly enforced, measured on a scale of 1 to 10, where 10 denotes high levels of enforcement. Almost half of the jurisdictions received a score of five or higher, demonstrating robust enforcement across much of the continent. Additionally, a review of historical scores indicates a year-on-year increase in respect of a number of African jurisdictions, with countries such as Eswatini, Ethiopia and Namibia each ranking higher than the previous year.
This upward trend in enforcement is highlighted by a number of significant recent developments in competition law regulation around the continent, which draw attention to the continent’s collective enthusiasm in ensuring competition compliance, and its determination in promoting and protecting more effective economies.
Furthermore, a number of African jurisdictions have strengthened their competition and antitrust regimes by way of amendments to existing legislation, the introduction of new laws and regulations, and renewed fervor and political will to enforce existing laws.
This Africa Competition Report (“ACR”) has been a collaborative effort between Baker McKenzie and its Africa Relationship Firms (“ARFs”), covering a detailed analysis and overview of recent developments in competition law enforcement and competition policy in 32 African jurisdictions. This report expands the scope of earlier ACRs, considering not only recent developments in competition law enforcement and competition policy in each of the highlighted jurisdictions but also providing an overview of regulatory and legislative dynamics and challenges in selected markets.