The Common Market for Eastern and Southern Africa (Comesa) has introduced mandatory notifications for cross-border mergers and joint ventures within the trade bloc with a combined turnover or asset base of at least $60 million (Sh7.74 billion).
For digital marketplace transactions, the reporting threshold has been set at $250 million (Sh32.3 billion), assessed on a global basis rather than the size of business attributable to the Comesa region.
The new Comesa Competition and Consumer Protection Regulations of 2025, which came into effect on December 4, 2025, have introduced what is known as a suspensory notification regime, which mandates prior approval by the Comesa Competition and Consumer Commission (CCCC) before the conclusion of a transaction.
They replaced previous regulations that had been in place since 2004, which only required companies to notify the Comesa competition watchdog of a merger decision within 30 days of the parties’ decision to combine operations.
The companies could also conclude the transaction before receiving the approval of the Comesa Competition Commission-as the watchdog was known previously-so long as they issued their notification on time.
‘As a general rule, the 2025 regulations make it very clear that a merger shall not be implemented before the CCCC approves it. There is a prohibition on completion or closing prior to clearance by the CCCC,’ said the commission in a note issued on January 13 to guide stakeholders on the new rules.
The CCCC is required to issue a decision within 120 days of receiving a merger filing, but it can allow an extension where a transaction warrants additional examination.
The updated regulations have also introduced a fine of up to 10 percent of audited annual turnover for any party contravening the notification rules, payable within 45 days of imposition.