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The Rapid Rate of Competition Law Developments in Nigeria, Others

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competition law developments

By Lerisha Naidu, Angelo Tzarevski, Sphesihle Nxumalo and Zareenah Rasool

Baker McKenzie’s latest Africa Competition Report 2022 provides a detailed analysis and overview of recent developments in competition law enforcement and competition policy in 32 African jurisdictions and regional bodies.

The report outlines how, over the past two years, African competition regulators have actively engaged in efforts to address pandemic-related challenges, but there has also been a general upward trend in competition policy enforcement across the continent.

This trend is highlighted by a number of significant recent developments in competition law regulation across the continent. Countries and regions with recent competition law developments include the Common Market for Eastern and Southern Africa (COMESA), Egypt, Ethiopia, Ghana, Kenya, Mauritius, Mozambique, Namibia, Nigeria and South Africa.

COMESA

There were various developments with regard to COMESA in 2021. In February 2021, the COMESA Competition Commission issued a Practice Note in which it amended the interpretation of the term “operate”. Prior to this, a party “operated” in a COMESA Member State if it had turnover or assets in that Member State in excess of $5 million. This requirement has now been removed, effective from 11 February 2021, and a party will “operate” in a COMESA Member State merely if it is active in it (without a minimum turnover or asset threshold). The impact of this will be to make it easier for a transaction to fall within the scope of the COMESA merger control regime.

The COMESA Commission has also recently issued Draft Guidelines on Fines and Penalties, Draft Guidelines on Settlement Procedures and Draft Guidelines on Hearing Procedures.

In September 2021, the COMESA Commission issued its first penalty for failure to notify a transaction within the prescribed time periods, which penalty amounted to 0,05% of the parties’ combined turnover in the Common Market in the 2020 financial year. This was imposed in relation to the proposed acquisition by Helios Towers Limited of the shares of Madagascar Towers SA and Malawi Towers Limited.

In December 2021, the COMESA Commission imposed a fine for failure to comply with a commitment contained in a merger clearance decision.

The COMESA Commission also conducted eight investigations into restrictive business practices in 2021.

Egypt

There were numerous recent developments in Egypt, including in November 2020, when the Competition Authority announced that the Egyptian Prime Ministry had approved the Prime Minister’s draft law amending certain provisions of the Egyptian Competition Law 3/2005.

In February 2021, the Egyptian parliament’s Economic Affairs Committee started the discussions on the new amendments. The Competition Authority has also recently initiated market inquiries in relation to multiple sectors including healthcare, food, electronic and electrical appliances, automotive, real estate, media and petroleum sectors.

In April 2021, the Economic Court of Cairo issued a ruling in a criminal case brought in March 2020 by the Competition Authority, against five individual poultry brokers for colluding to fix the price of chicken to the detriment of consumers and chicken breeders. The court fined each broker 30 million Egyptian pounds (approx. $1.6 million) for agreeing to fix the price of a kilogram of chicken.

In July 2021, the Competition Authority initiated a criminal case against two companies who agreed to submit identical offers in one of the practices of the General Authority for Veterinary Services, in violation of Egyptian competition law.

The head of the Competition Authority announced plans for the creation of an Arab Competition Network to enhance cross-border cooperation between antitrust enforcers in the Middle East. The ACN would be the first to provide Arab competition authorities with an official platform to meet and discuss prominent issues and impending changes to antitrust law. The network would be run by the 22 members of the League of Arab States, which includes Egypt, Syria, Lebanon, Iraq, Jordan and Saudi Arabia, among others.

Ethiopia

In Ethiopia, the Trade Competition and Consumer Protection Authority is working on regulations to provide guidance on the application of the Trade Competition and Consumer Protection Proclamation (No 813/2013). Proclamation No. 1263/2021, which is expected to be enacted and come into force in 2022, transfers the powers of the Trade Competition and Consumer Protection Authority to the Ministry of Trade and Regional Integration.

Ghana

In Ghana, a draft Competition and Fair Trade Practices Bill is before parliament for consideration.

Kenya

The Competition of Authority in Kenya finalised its study into the regulated and unregulated credit markets in the country and issued its report in May 2021. The Authority further developed the Retail Trade Code of Practice 2021, in consultation with stakeholders in the retail sector, to address the abuse of buyer power issues arising from the sector. Also in 2021, the Competition Authority conducted a dawn raid in the steel industry and issued draft joint venture guidelines, to clarify the rules and filing requirements of joint venture arrangements.

Mauritius

The Competition Commission in Mauritius concluded a market study in the pharmaceutical sector on 8 June 2021.

Mozambique

There were numerous developments in competition law in Mozambique in 2021, including that the Competition Regulatory Authority became operational in January 2021. Regulations on Merger Notifications Forms were enacted by means of Resolution No. 1/2021 of 22 April 2021. The Regulations prescribe the different forms to be completed for merger notifications, as well as the details of the information and documentation required. Regulations on Filing Fees were enacted by means of Ministerial Diploma No. 77/2021 of 16 August 2021. Filing fees are currently set at 0.11% of the turnover of the parties in the previous year, up to a maximum of MZN 2,250,000 (approx. $35,000). Amendments to the Competition Regulations were enacted by means of Decree No. 101/2021 of 31 December 2021.

Namibia

A Competition Bill is in progress in Namibia, and the Competition Commission expects to submit the final version of the Competition Bill to the Ministry of Industrialisation and Trade by the end of June 2022.

Nigeria

On 2 August 2021, Nigeria adopted the Merger Review (Amended) Regulations 2021, which set out new fees applicable for merger filings. The Federal Competition and Consumer Protection Commission launched and publicised an investigation into the alleged anticompetitive conduct of five companies in the shipping and freight forwarding industry in October 2021.

South Africa

There were various developments in South Africa in 2021, including in May 2021, when the Competition Commission launched the Online Intermediation Platforms Market Inquiry, focusing on four broad online intermediation platforms and market dynamics that specifically affect business users – e-commerce marketplaces, online classified marketplaces, software app stores and intermediated services (such as accommodation, travel, transport and food delivery). The Inquiry is ongoing with a provisional report scheduled for release on 10 June 2022, and the final report scheduled for release in November 2022.

In April 2021, the Commission released its market inquiry reports on Land Based Public Transport. Furthermore, in April 2021, the Commission published its final report on an impact assessment study it conducted in relation to COVID-19. The report sets out the findings of the Competition Commission regarding the impact of the COVID-19 block exemptions and the enforcement work done by the Competition Commission during the pandemic. The Competition Commission’s fifth Essential Food Pricing Monitoring Report, which is released quarterly, focused on tracking the impact of the COVID-19 pandemic and consequent economic crisis on food markets.

In May 2021, the Commission issued, for comment, draft guidelines on Small Merger Notifications, which contain specific guidance applicable to the assessment of digital mergers.

Notably, 2021 was the year when the Commission prohibited a merger solely on public interest grounds, making it the first transaction to be prohibited on non-competitive grounds. Ultimately, however, the merger was conditionally approved before the Competition Tribunal.

In November 2021, the Commission released its Economic Concentration Report, which highlighted patterns of concentration and participation in the South African economy. The report includes details on the Commission’s power to launch market inquiries into highly concentrated industries, as well as its increased authority to impose structural remedies on businesses in these sectors.

In March 2022, the Commission issued Guidelines on Collaboration between Competitors on Localisation Initiatives, which are aimed at providing guidance to industry and government on how industry players may collaborate in identifying opportunities for localisation and implementing commitments related to localisation initiatives in a manner that does not raise competition concerns.

In March 2022, the Commission launched a market inquiry into the South African fresh produce market, which will examine whether there are any features in the fresh produce value chain, which lessen, prevent or distort the competitiveness of the market.

The Commission concluded various settlement agreements with market players (e.g., grocery retailers and laboratories) to reduce the prices of goods and services.

Lerisha Naidu, Partner, Angelo Tzarevski, Associate Director, Sphesihle Nxumalo, Associate and Zareenah Rasool, Associate, Competition & Antitrust Practice, Baker McKenzie Johannesburg

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Brent’s Jump Collides with CBN Easing, Exposes Policy-lag Arbitrage

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CBN’s $1trn Mirage

Nigeria is entering a timing-sensitive macro set-up as the oil complex reprices disruption risk and the US dollar firms. Brent moved violently this week, settling at $77.74 on 02 March, up 6.68% on the day, after trading as high as $82.37 before settling around $78.07 on 3 March. For Nigeria, the immediate hook is the overlap with domestic policy: the Central Bank of Nigeria (CBN) has just cut its Monetary Policy Rate (MPR) by 50 basis points to 26.50%, whilst headline inflation is still 15.10% year on year in January.

“Investors often talk about Nigeria as an oil story, but the market response is frequently a timing story,” said David Barrett, Chief Executive Officer, EBC Financial Group (UK) Ltd. “When the pass-through clock runs ahead of the policy clock, inflation risk, and United States Dollar (USD) demand can show up before any oil benefit is felt in day-to-day liquidity.”

Policy and Pricing Regime Shift: One Shock, Different Clocks

EBC Financial Group (“EBC”) frames Nigeria’s current set-up as “policy-lag arbitrage”: the same external energy shock can hit domestic costs, FX liquidity, and monetary transmission on different timelines. A risk premium that begins in crude can quickly show up in delivered costs through freight and insurance, and EBC notes that downstream pressure has been visible in refined markets, with jet fuel and diesel cash premiums hitting multi-year highs.

Market Impact: Oil Support is Conditional, Pass-through is Not

EBC points out that higher crude is not automatically supportive of the naira in the short run because “oil buffer” depends on how quickly external receipts translate into market-clearing USD liquidity. Recent price action illustrates the sensitivity: the naira was quoted at 1,344 per dollar on the official market on 19 February, compared with 1,357 a week earlier, whilst street trading was cited around 1,385.

At the same time, Nigeria’s inflation channel can move quickly even during disinflation: headline inflation eased to 15.10% in January from 15.15% in December, and food inflation slowed to 8.89% from 10.84%, but energy-led transport and logistics costs can reintroduce pressure if the risk premium persists. EBC also points to a broader Nigeria-specific reality: the economy grew 4.07% year on year in 4Q25, with the oil sector expanding 6.79% and non-oil 3.99%, whilst average daily oil production slipped to 1.58 million bpd from 1.64 million bpd in 3Q25. That mix supports external-balance potential, but it also underscores why the domestic liquidity benefit can arrive with a lag.

Nigeria’s Buffer Looks Stronger, but It Does Not Eliminate Sequencing Risk

EBC sees that near-term external resilience is improving. The CBN Governor said gross external reserves rose to USD 50.45 billion as of 16 February 2026, equivalent to 9.68 months of import cover for goods and services. Even so, EBC views the market’s focus as pragmatic: in a risk-off tape, investors tend to price the order of transmission, not the eventual balance-of-payments benefit.

In the near term, EBC expects attention to rotate to scheduled energy and policy signposts that can confirm whether the current repricing is a short, violent adjustment or a more durable regime shift, including the U.S. Energy Information Administration (EIA) Short-Term Energy Outlook (10 March 2026), OPEC’s Monthly Oil Market Report (11 March 2026), and the U.S. Federal Reserve meeting (17 to 18 March 2026). On the domestic calendar, the CBN’s published schedule points to the next Monetary Policy Committee meeting on 19 to 20 May 2026.

Risk Frame: The Market Prices the Lag, Not the Headline

EBC cautions that outcomes are asymmetric. A rapid de-escalation could compress the crude risk premium quickly, but once freight, insurance, and hedging behaviour adjust, second-round effects can linger through inflation uncertainty and a more persistent USD bid.

“Oil can act as a shock absorber for Nigeria, but only when the liquidity channel is working,” Barrett added. “If USD conditions tighten first and domestic pass-through accelerates, the market prices the lag, not the headline oil price.”

Brent remains an anchor instrument for tracking this timing risk because it links energy-led inflation expectations, USD liquidity, and emerging-market risk appetite in one market. EBC Commodities offering provides access to Brent Crude Spot (XBRUSD) via its trading platform for following energy-driven macro volatility through a single instrument.

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Gen Alpha: Africa’s Digital Architects, Not Your Target Audience

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Emma Kendrick Cox

By Emma Kendrick Cox

This year, the eldest Gen Alpha turns 16.

That means they aren’t just the future of our work anymore. They are officially calling for a seat at the table, and they’ve brought their own chairs. And if you’re still calling this generation born between 2010 and 2025 the iPad generation, then I hate to break it to you, but you’re already obsolete. To the uninitiated, they look like a screen-addicted mystery. To those of us paying attention, they are the most sophisticated, commercially potent, and culturally fluent architects Africa has ever seen.

Why? Because Alphas were not born alongside the internet. They were born inside it. And by 2030, Africa will be home to one in every three Gen Alphas on the planet.

QWERTY the Dinosaur

We are witnessing the rise of a generation that writes via Siri and speech-to-text before they can even hold a pencil. With 63% of these kids navigating smartphones by age five, they don’t see a QWERTY keyboard as a tool. They see it as a speed bump, the long route, an inefficient use of their bandwidth. They don’t need to learn how to use tech because they were born with the ability to command their entire environment with a voice note or a swipe.

They are platform agnostic by instinct. They don’t see boundaries between devices. They’ll migrate from an Android phone to a Smart TV to an iPhone without breaking their stride. To them, the hardware is invisible…it’s the experience that matters.

They recognise brand identities long before they know the alphabet. I share a home with a peak Gen Alpha, age six and a half (don’t I dare forget that half). When she hears the ding-ding-ding-ding-ding of South Africa’s largest bank, Capitec’s POS machine, she calls it out instantly: “Mum! Someone just paid with Capitec!” It suddenly gives a whole new meaning to the theory of brand recall, in a case like this, extending it into a mental map of the financial world drawn long before Grade 2. 

And it ultimately lands on this: This generation doesn’t want to just view your brand from behind a glass screen. They want to touch it, hear it, inhabit it, and remix it. If they can’t live inside your world, you’re literally just static.

The Uno Reverse card

Unlike any generation we’ve seen to date, households from Lagos to Joburg and beyond now see Alphas hold the ultimate Uno Reverse card on purchasing power. With 80% of parents admitting their kids dictate what the family buys, these Alphas are the unofficial CTOs and Procurement Officers of the home:

  • The hardware veto: Parents pay the bill, but Alphas pick the ISP based on Roblox latency and YouTube 4K buffers.

  • The Urban/Rural bridge: In the cities, they’re barking orders at Alexa. In rural areas, they are the ones translating tech for their families and narrowing the digital divide from the inside out.

  • The death of passive: I’ll fall on my sword when I say that with this generation, the word consumer is dead. It implies they just sit there and take what you give them, when, on the contrary, it is the total opposite. Alphas are Architectural. They are not going to buy your product unless they can co-author the experience from end to end.

As this generation creeps closer and closer to our bullseye, the team here at Irvine Partners has stopped looking at Gen Alpha as a demographic and started seeing them as the new infrastructure of the African market. They are mega-precise, fast, and surgically informed.

Believe me when I say they’ve already moved into your industry and started knocking down the walls. The only question is: are you building something they actually want to live in, or are you just a FaceTime call they are about to decline?

Pay attention. Big moves are coming. The architects are here.

Emma Kendrick Cox is an Executive Creative Director at Irvine Partners

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Why Digital Trust Matters: Secure, Responsible AI for African SMEs?

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Kehinde Ogundare 2025

By Kehinde Ogundare

For years, security for SMEs across sub-Saharan Africa meant metal grilles and alarm systems. Today, the most significant risks are invisible and growing faster than most businesses realise.

Artificial Intelligence has quietly embedded itself into everyday operations. The chatbot responding to customers at midnight, the system forecasting inventory requirements, and the software identifying unusual transactions are no longer experimental technologies. They are becoming standard features of modern business tools.

Last month’s observance of Safer Internet Day on February 10, themed ‘Smart tech, safe choices’, marked a pivotal moment. As AI adoption accelerates, the conversation must shift from whether businesses should use AI to how they deploy it responsibly. For SMEs across Africa, digital trust is no longer a technical consideration. It is a strategic business imperative.

The evolving threat landscape

Cybersecurity threats facing sub-Saharan African SMEs have moved well beyond basic phishing emails. Globally, cybercrime costs are projected to reach $10.5 trillion this year, fuelled by generative AI and increasingly sophisticated social engineering techniques. Ransomware attacks now paralyse entire operations, while other threats quietly extract sensitive customer data over extended periods.

The regional impact is equally significant. More than 70% of South African SMEs report experiencing at least one attempted cyberattack, and Nigeria faces an average of 3,759 cyberattacks per week on its businesses. Kenya recorded 2.54 billion cyber threat incidents in the first quarter of 2025 alone, whilst Africa loses approximately 10% of its GDP to cyberattacks annually.

The hidden risk of fragmentation

A common but often overlooked vulnerability lies in digital fragmentation.

In the early stages of growth, SMEs understandably prioritise affordability and agility. Over time, this can result in a patchwork of disconnected applications, each with separate logins, security standards, and privacy policies. What begins as flexibility can involve operational complexity.

According to IBM Security’s Cost of a Data Breach Report, companies with highly fragmented security environments experienced average breach costs of $4.88 million in 2024.

Fragmented systems create blind spots; each additional data transfer between applications increases exposure. Inconsistent security protocols make governance harder to enforce. Limited visibility reduces the ability to detect anomalies early. In practical terms, complexity increases risk.

Privacy-first AI as a competitive differentiator

As AI capabilities become embedded in business software, SMEs face a choice about how they approach these powerful tools. The risks are not merely theoretical.

Consumers across Africa are becoming more aware of data rights and are willing to walk away from businesses that cannot demonstrate trustworthiness. According to KPMG’s Trust in AI report, approximately 70% of adults do not trust companies to use AI responsibly, and 81% expect misuse. Meanwhile, studies also show that 71% of consumers would stop doing business with a company that mishandles information.

Trust, once lost, is difficult to rebuild. In the digital age, a single data leak can destroy a reputation that took ten years to build. When customers share their payment details or purchase history, they extend trust. How you handle that trust, particularly when AI processes their data, determines whether they return or take their business elsewhere.

Privacy-first, responsible AI design means building intelligence into business systems with data protection, transparency and ethical use embedded from the outset. It involves collecting only necessary information, storing it securely, being transparent about how AI makes decisions, and ensuring algorithms work without compromising customer privacy. For SMEs, this might mean choosing inventory software where predictive AI runs on your own data without sending it externally, or customer service platforms that analyse patterns without exposing individual records. When AI is built responsibly into unified platforms, it becomes a competitive advantage: you gain operational efficiency whilst demonstrating that customer data is protected, not exploited.

Unified platforms and operational resilience

The solution lies in rethinking digital infrastructure. Rather than accumulating disparate tools, businesses need unified platforms that integrate core functions whilst maintaining consistent security protocols.

A unified approach means choosing cloud-based platforms where functions share common security standards, and data flows seamlessly. For a manufacturing SME, this means inventory management, order processing and financial reporting operate within a single security framework.

When everything operates cohesively, security gaps diminish, and the attack surface shrinks. And the benefits extend beyond risk reduction: employees spend less time on administrative friction, customer data stays consistent, and platforms enable secure collaboration without traditional infrastructure costs.

Safer Internet Day reminds us that the digital world requires active stewardship. For SMEs across the African continent who are navigating complex threats whilst harnessing AI’s potential, digital trust is foundational to sustainable growth. Security, privacy and responsible AI are essential characteristics of any technology infrastructure worth building upon. Businesses that embrace unified, privacy-first platforms will be more resilient against cyber threats and better positioned to earn and maintain trust. In a market where trust is currency, that advantage is everything.

Kehinde Ogundare is the Country Head for Zoho Nigeria

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