DEMOCRATIC REPUBLIC OF CONGO Law and Practice Contributed by: Salvatrice Bahindwa, Concorde Akonkwa and David Djunga, LegalterLaw
The minister may also, either on their own initiative or at the request of the sectoral minister and after advice from the Commission, determine that the project does not fall within the scope of concentrations subject to prior notification, order the companies to modify or complete the operation to preserve competition, or condition its implementation on requirements com - pensating for any adverse effects on competition by economic and social contributions. In cases of abusive exploitation of a dominant posi - tion or economic dependence, the Commission may request the minister to order the concerned company or group to modify, complete, or terminate the agree - ments that have led to such abuses, even if the legal procedure has been followed. Finally, it is provided that a ministerial order (not yet published) will determine the constitutive elements and the modalities for submitting the file to the Commis - sion. This file shall notably include the draft concen - tration act, a list of principal directors and sharehold - ers, the financial statements of the last three years, a note on past acts affecting competition, information on production and resources deployed, and auditors’ reports for the last three fiscal years. Regional Level 1. Legal Notice No EAC/191/2025, published on 1 July 2025, implementing the provisions of the Treaty establishing the East African Community (EAC) (as amended on 14 December 2006 and 20 August 2007) on competition within the East African Community. Regarding the EAC, notification is required if the total assets or turnover of the parties within the EAC reach at least USD35 million, and if at least two parties each have combined turnover or assets of at least USD20 million within the EAC, except where each party con - ducts at least two-thirds of its activities in a single partner-state, rendering the operation domestic. The suspensory regime prohibits the operation from taking effect before approval, with any early implementation constituting “gun-jumping.” For notification, files must be submitted on a prescribed form, accompanied by a copy of the transaction agree - ment and relevant documents, as well as fees pre -
scribed by the EAC Council of Ministers, according to a scale in US dollars: USD45,000 for amounts between USD35 and 50 million, USD70,000 between USD50 and 100 million, and USD100,000 beyond USD100 million, payable by transfer to the EAC Secretariat’s account at the National Bank of Commerce in Tanzania. 2. COMESA Competition Regulations of December 2004. The Common Market for Eastern and Southern Africa (COMESA) regulates competition through the COME - SA Competition Regulations (adopted in 2004 and amended in 2014). The competition rules are enforced by the COMESA Competition Commission (CCC). Notified mergers may not be implemented before approval by the CCC, under penalty of sanctions (including fines of up to 10% of annual turnover). Certain transactions are exempt if they do not sub - stantially affect competition or if approved by the CCC. Violations may result in fines of up to 10% of the annu - al turnover of the involved companies, orders to cease illegal practices, or damages. Repeat offences attract harsher sanctions. The CCC investigates complaints, may conduct inspections, and co-operates with national competi - tion authorities. Decisions may be appealed before the COMESA Court of Justice. 6.2 Criteria for Antitrust/Competition Review The merger control regime in the Democratic Republic of Congo involves a substantive competition assess - ment of investments. The Competition Commission analyses the impact on competition, especially where the transaction creates or strengthens a dominant position. The regulatory framework also includes an evaluation of economic and social contributions, allowing for compensation of competition harm through specific conditions. Oversight extends to abuses of dominant positions and economic dependence, with the pos - sibility of intervention even after initial approval.
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