DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
In practice, while national enforcement is still maturing, regional oversight is increasingly rel - evant, particularly for multinational operators. Companies engaged in distribution agreements, franchise networks, supply exclusivity or joint marketing arrangements are advised to con - duct proactive competition audits and assess exposure under both national and COMESA frameworks, pending the full activation of local enforcement mechanisms. 6.4 Abuse of Dominant Position In the DRC, the abuse of a dominant position is expressly prohibited under the Law on Pric - ing Freedom and Competition, which applies to conduct that distorts or restricts competition on the national market or has appreciable effects within the country, even if the conduct originated abroad. A dominant position is defined broadly as the ability of one or more companies to behave inde - pendently of competitors, suppliers or custom - ers, due to market power. Holding such a posi - tion is not unlawful per se; however, abuse of that position is prohibited. Examples of abusive conduct include: • unjustified refusal to supply or grant access to essential services; • tying or bundling, ie, making the sale of a product or service conditional on the pur - chase of another unrelated product; • discriminatory pricing or contractual terms applied to similarly situated trading partners; • abrupt and unjustified termination of long - standing commercial relationships; and • below-cost pricing or margin squeeze prac - tices designed to exclude competitors. The Law also recognises abuse where the domi - nant company obtains advantages that would
not exist under effective market conditions, or imposes unfair terms unilaterally due to lack of viable alternatives for business partners. Although the Law provides a framework for enforcement, the practical implementation remains limited, with no reported public deci - sions to date. The lack of formal case law is largely due to delays in the full operationalisa - tion of the Competition Commission and the absence of detailed procedural rules. However, private actions based on abuse may still be brought before commercial courts, particularly in regulated sectors. The Law does not expressly refer to economic dependency, but the concept can be addressed indirectly through abuse provisions where one party is structurally unable to switch suppliers or partners due to market concentration or con - tractual imbalance. At the regional level, the DRC is subject to the COMESA Competition Regulations, which also prohibit unilateral conduct that limits market access, distorts pricing or creates entry barriers across member states. The CCC may investi - gate and sanction abusive practices that have a cross-border dimension, even in the absence of national enforcement. In practice, operators with significant market share – particularly in infrastructure, telecoms, distribution and extractives – should conduct a prior assessment of their commercial terms and internal policies to ensure compliance, par - ticularly in markets where customers or partners have limited alternatives.
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