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Comesa’s expedited merger review structure

Africa News News African September 29, 2026 · Comments off

In February 2026, the Common Market for Eastern and Southern Africa (Comesa) Competition and Consumer Commission (CCCC) took further steps to streamline merger control within the bloc by introducing an expedited merger review process and formalising procedures for obtaining comfort letters and advisory opinions.

These developments are intended to enhance deal certainty, reduce regulatory delays and provide businesses with greater clarity on their filing obligations under the Comesa Competition and Consumer Protection Regulations, 2025 (Comesa Regulations).

Under the Comesa Regulations, the CCCC is required to issue a decision on a notified merger within 120 days of filing.

The newly introduced expedited review process allows qualifying transactions to be reviewed within a significantly shorter timeframe.

A request for expedited review must be submitted at the time of filing the merger notification through the cover letter accompanying Form 1. The CCCC will then determine eligibility within 30 days of receipt of the notification, having regard to factors such as the nature and complexity of the transaction and whether any Comesa member state has requested a referral of the matter.

Where a transaction qualifies, the CCCC will issue its decision between 30 and 45 days from the date of notification. An additional service fee of $120,000 is payable for expedited review. The expedited review process is, however, subject to important eligibility limitations.

In particular, transactions that are likely to raise competition concerns are ineligible for expedited review. Likewise, a merger notification will not qualify for the expedited review where a member state has requested referral of the transaction under Regulation 45 of the Comesa Regulations.

The CCCC may revoke a transaction’s eligibility for expedited review in certain circumstances. These include where the parties fail to respond to requests for additional information; or where the CCCC receives new information that was not available when it approved the eligibility of the transaction for the expedited service; or where unforeseen circumstances prevent the CCCC from completing the expedited review process.

Where the CCCC revokes a transaction’s eligibility for expedited review due to the exceptional circumstances outlined above, the additional $120,000 service fee is refundable.

The expedited review process offers parties an opportunity to obtain merger clearance within significantly shorter timelines, thereby enhancing transaction certainty for straightforward transactions that are unlikely to raise competition concerns. However, given the additional $120,000 fee and the strict eligibility requirements, parties should carefully assess the commercial value of expedited treatment and consider eligibility at an early stage of transaction planning.

Alongside the expedited review process, the CCCC has also issued guidance setting out the procedure for obtaining a comfort letter. The acquiring undertaking, alone or jointly with other parties, may apply for a comfort letter confirming that a proposed transaction is not notifiable because it does not meet the Comesa notification thresholds. Such an application must be submitted through a comfort letter in the prescribed format together with supporting information, including the merging parties’ turnover and assets, the member states in which they operate, audited financial statements for the preceding financial years and a $10,000 filing fee.

Once all required information has been provided, the CCCC will issue a certificate of receipt and is expected to render its decision within 45 days. The review period will not commence until the CCCC considers the application complete.

Parties should note that a comfort letter may be revoked where it was obtained through a material misstatement or omission.

In such circumstances, the CCCC may determine that the parties failed to notify a notifiable merger or implemented a transaction in contravention of the Comesa Regulations, exposing them to the penalties prescribed under Regulation 77, including fines of up to a maximum of 10 percent of the annual turnover of each of the undertakings or associations of undertakings concerned in the Common Market.

While the formalisation of the comfort letter process provides parties with greater certainty where the applicability of Comesa filing thresholds is unclear, parties should ensure that all information submitted is complete and accurate.

While advisory opinions are not legally binding, they provide valuable insight into the CCCC’s interpretation and application of the Comesa Regulations, enabling parties to better assess regulatory risk and structure transactions and commercial arrangements with greater certainty and at a significantly lower cost.

The introduction of expedited merger reviews, comfort letters and advisory opinions reflects the CCCC’s continued efforts to improve the efficiency, predictability and transparency of the Comesa competition framework.

Businesses contemplating transactions with a Comesa nexus should consider these new mechanisms at an early stage to optimise transaction timelines, manage regulatory risk and obtain greater certainty regarding filing obligations.

The CCCC has also formalised its approach to advisory opinions. Pursuant to Regulation 9(4)(e), the CCCC may issue non-binding advisory opinions on matters arising under the Comesa Regulations.

Any undertaking or person may request an advisory opinion from the Registrar by submitting the required supporting information and proof of payment of the prescribed $10,000 fee.

The CCCC will then assess the request and issue its advisory opinion within 45 days of receipt, although this period may be extended by up to 30 additional days where necessary.

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