1. Enforcement of Transnational Competition Law Between fiction and reality? Sunjida Devi Bundhun Investigator Competition Commission 22 nd November 2013

2. The Highlights… Introduction: International Competition Law (ICL) in a Globalised WorldThe Rationale for a Transnational Competition LawCooperation on Competition Law: The Interests of StatesTransnational Competition Law: The EU ModelEconomic Integration within AfricaThe Regional Competition Policy of COMESAEnforcement of the COMESA Competition RegulationsConcluding Remarks

3. ICL and the Globalisation Phenomenon Highly integrated Economies: Trade and Commerce Exclusive Territorial Jurisdiction Multilateral ‘Jurisdictionalism’ Collision of National Interests / Fragmented Enforcement Introduction…

4. Wave of Transnational Mergers: 80% involved US and EU firms Mega-mergers in overseas telecommunications and financial services industries 1998: Travelers-Citicorp, WorldCom/MCI, NationsBank/BankAmerica, etc 1999: Vodafone/Mannesmann, Sprint/MCI WorldCom, Olivetti/Telecom Italia ‘Mushrooming’ of national competition laws: 1980s/1990s : significant growth in the number of countries adopting antitrust law statutes Today : 100 countries currently have antitrust rules in place, and the process has not ended yet. E.g. 1 August, 2008, China's Anti-Monopoly Law ("AML") entered into force Introduction

5. “(…) in anti-trust matters the policy of one state may be to defend what it is the policy of another state to attack”. Lord Wilberforce Cross Border Arrangements: Circumvent / Exploit Differences between domestic CLs Extraterritorial application of competition law: inevitable and mandatory Existing instruments for cooperation are inadequate The Rationale of a Transnational Competition Law

6. Differing National Competition Laws Substantive content Remedies Duplication of Resources Conflicting Decisions Famous/Infamous Boeing / McDonnell Douglas Merger Increasing Welfare of all countries Local consumers Local producers Export Promotion Cooperation in Competition Law: The Interests of States

7. Transnational Competition Law: The EU Model

8. National CL Infringement Exclusive jurisdiction for the relevant NCA EU CL Infringement Both the European Commission and any NCA whose territory has been affected can prosecute and punish Simplification / Avoidance of contradictory Rulings 1. Potential INV by several states: Best placed in charge Policy 2. European Commission decides to formally open a case: NCAs are discharged of the same case if they were investigating at their level Enforcement of Competition Law in the EU …

9. Merger Control in the EU Concentrations having an EU dimension (Article 1 of the EC Merger Regulations) * Notification to EU which has exclusive jurisdiction to review * National merger regulations of the Member States do not apply to such mergers Single notification to the Commission The principle: No conflicting jurisdiction Concentrations not having an EU dimension * National Merger Regulations applicable * Notification to relevant NCA depending on each national merger regulation Enforcement of Competition Law in the EU

10. Economic Integration within Africa COMESA Region * Trade liberalisation and the elimination of TBTs and NBTs

11. The regional Competition policy of COMESA

12. The COMESA Competition Regulations … CCR Coverage of all basic anti- competitive practices and conducts Consumer Protection Provisions Scope of Application

13. The COMESA Competition Regulations

14. Enforcement of the COMESA Competition Regulations

15. Next Steps Thank you for your attention…. Effective Competition Enforcement ≈ International Character Necessity of ICL *Increasing Economic Liberalisation * Fresh Incentives for AC behaviour of MNCs