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.
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.
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.
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.
In Ghana, a draft Competition and Fair Trade Practices Bill is before parliament for consideration.
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.
The Competition Commission in Mauritius concluded a market study in the pharmaceutical sector on 8 June 2021.
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.
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.
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.
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
Okowa’s Financial Aid to Mission Schools
By Jerome-Mario Chijioke Utomi
The recent decision by the Governor of Delta State, Ifeanyi Okowa, to provide financial aid to 40 schools it returned to religious missions in 2011 again underscores the time-honoured belief that leaders must learn the art of management, an art of engineering and skill to absorb and mater success in their mission. As there is no hard and fast rule but involves a lot of practical wisdom and prudence in one’s functioning style and performance.
Speaking at the thanksgiving service to mark the end of the 16th Synod of Asaba Diocese, Church of Nigeria (Anglican Communion), held at the Cathedral Church of St. Peter, Asaba, Okowa, who read the first lesson, congratulated the new Bishop of the diocese, the Rt. Rev. Kingsley Obuh, on his consecration and enthronement.
Acknowledging that the running of mission schools is difficult given the current economic condition of the nation, the governor commended the church for drawing his attention to the plight of the schools, especially his promise to ensure that grants were given to missions to assist them in giving a firm standing to the schools that had been returned to them. This, he explained, became necessary to assist the schools in running effectively, particularly in view of the prevailing harsh economic situation in the country.
Indeed, from the above comment by the Governor, it is evident that he is not taking success in leadership for granted or attributing the same to a function of luck and destiny but achievable through effective planning, genuine efforts and technique followed sincerely and scrupulously in their mission.
By his latest action, it is now evident that the Governor considers education as the bedrock of development. More than anything else, his promise to ensure that grants were given to missions to assist them in giving a firm standing to the schools demonstrates a leader with an understanding that with sound educational institutions, a country is as good as made -as the institutions will turn out all rounded manpower to continue with the development of the society driven by well thought out ideas, policies, programmes.
Secondly, it is a sign that he recognizes the challenges of perennial underfunding bedevilling the education sector not just in missionary schools in Delta State but across all the privately and government-owned schools across all the states of the federation.
This challenge has as a consequence brought upon the nation an astronomical increase in the rate of out of school children, especially in the northern part of Nigeria, to swell in number, even when it is obvious that the streets are known for breeding all forms of criminals and other social misfits who constitute the real threat in the forms of armed robbers; thugs, drunkards, prostitutes and all other social ills that give a bad name to the society. This underfunding challenge has also visited the sector with a state of affairs where a number of Nigerians are in school but are learning nothing; as schooling, according to UNICEF, does not always lead to learning.
“In Nigeria, there are more non-learners in school than out of school,” UNICEF concluded.
More specifically, aside from being in the best interest of the state government that those schools returned to the missions are supported to stand because they provide a space for study for some of our children across the state, Okowa’s current gesture reinforces the belief that we all have reasons not only to feel worried but collectively work hard to deliver the nation’s education sector in ways that will bring to an end the reign of thoughtless demand for fees of varying amounts/ proposed by the school authorities-a development that is financially squeezing the life out of the innocent students and their parents.
There exist more concrete reasons as to why Governor Okowa’s present move needs to be applauded.
At the most fundamental levels, it refreshes the minds of Nigerians of the passionate plea by the United Nations for government-private sector collaboration for sustainable development.
For instance, there was a veiled agreement among stakeholders at a recent gathering in Lagos that the government at all levels in Nigeria is shirking the traditional but universal responsibility of provision of educational, economic and infrastructural succour to the citizenry which the instrumentality of participatory democracy and election of leaders confers on them.
Essentially, participants at that event were unanimous that the 2030 sustainable agenda has partnership and collaboration at its centre. It was clearly stated that the scale and ambition of this agenda call for smart partnerships, collaborations, ecosystem thinking, co-creation and alignment of various intervention efforts by the public and private sectors and civil society.
The conference, which had as a theme Partnership for Sustainable Development and Innovation, was among other goals aimed at finding an ‘urgent need for creative and innovative thinking by all strata of the society-public and private sector and civil society-to promoting sustained and inclusive economic growth, social development and environmental protection’.
To further buttress the imperativeness of this needed commitment from all the parties in tackling the agenda, the conference stressed that the partnership is at the very centre of the sustainable development agenda as it is both a means to an end since it is a crucial enabler for the attainment of the other goals and an end to in itself since Goal 17 is a means of implementation and revitalised global partnership’.
Very instructive also, finding a solution to the societal problems, particularly providing access to adequate and quality education for the youths of this nation will in some ways help solve the youth unemployment challenge and develop a climate of sustainable future and innovation among our youths.
Talking about youth unemployment in Nigeria, a report recently put it this way: “We are in a dire state of strait because unemployment has diverse implications. Security wise, the large unemployed youth population is a threat to the security of the few that are employed. Any transformation agenda that does not have job creation at the centre of its programme will take us nowhere”
Youths’ challenge cuts across, regions, religions, and tribes, and has led to the proliferation of ethnic militia as well as youth restiveness across the country. This may, in turn, hamper the peace needed if handled with levity. But this threat has become more pronounced in the oil-rich region of the country with the chunk of the proponents spearheaded by the large army of professionally trained ex-militants currently without a job. Proper management of these teaming youth is the panacea for determining the success or otherwise of the 2030 sustainable agenda, it is only by engaging these teeming youths through employment creation that the incessant youth restiveness can be abated.
One fact we must acknowledge is that the 2030 Sustainable Development Goal was formulated to among other aims promote and carter for people, peace, the planet, and poverty but nurturing to bear the premeditated result will depend on not just the private sector but our government.
To, therefore, move this nation forward, we need to like Governor Okowa, recognize that a sound educational sector and sustained infrastructural development remain the spine. We must learn that nations such as the Jews progressed because they possessed a tradition of education combined with social and political action. They enthroned education and sacrificed to get it.
We must as a nation make quality but subsidized education a human right that will be accessible to all Nigerians irrespective of tribe/ethnicity, sex, religion or creed. And develop the political will to fund education in compliance with the United Nations Educational Scientific and Cultural Organization’s (UNESCO) budgetary recommendation.
Jerome-Mario Chijioke Utomi is the Programme Coordinator (Media and Public Policy), Social and Economic Justice Advocacy (SEJA), Lagos. He can be reached via firstname.lastname@example.org/08032725374
Tips for Building a Low-code Strategy
By Hyther Nizam
Over the last few years, businesses have been racing to digitise their processes and offerings. Whether you’re working from home, banking online, or doing a quick grocery order, you’ve likely noticed a significant rate of transformation. Given that every aspect of a consumer’s daily life is connected to the digital world, the challenge of digital transformation may be daunting. Traditional ways of developing consumer and internal applications are time-consuming and usually require a large number of development resources.
Fortunately, low-code/no-code (LCNC) development platforms empower businesses to quickly create cross-platform applications without writing thousands of lines of code. Low-code/no-code not only simplifies development but also saves time and money. Low-code is not a new concept, but demand for it has increased as a result of the pandemic and the necessity for businesses to speed up their digital transformation initiatives.
The advantages of low-code/no-code
LCNC platforms provide a visual environment for building applications. As they provide snippets of pre-built code in a simple drag-and-drop user interface, people with little to no programming experience can also build custom web/mobile applications. However, it’s crucial to take the time to identify the most effective LCNC platform for your business before diving headfirst into app building.
The LCNC platforms help teams develop applications faster and with fewer errors than traditional coding. Because the platforms provide standard components such as forms, report templates, and ready-to-use code snippets, months of development time can be saved. By eliminating some of the more complex aspects of the application development process (such as creating frameworks and linking databases), these platforms empower people across the organisation to get involved in application development and bring their business ideas to fruition, without having to depend on IT assistance.
Zoho Creator, Zoho’s low-code platform, aims to facilitate efficient app development and effective collaboration. It uses pre-built integrations to connect with hundreds of systems and cloud services to make app development quicker and easier. Organisations can seamlessly integrate Creator with other Zoho applications and third-party platforms like QuickBooks, Zapier, and PayPal. To facilitate effective collaboration, Creator gives organisations the power to assign roles to users and grant them access to information relevant to their jobs. Role-based access controls help ensure the application development process is both streamlined and secure.
Now that digital transformation is an ongoing imperative for most businesses, agility and collaboration are critical. Our research shows that 40% of organisations are involving their business teams in their digital transformation processes. This indicates a growing understanding that digital transformation affects the whole business—not just IT teams.
Considerations for using LCNC strategies
First, and potentially most important, your business must know what to look for in LCNC platforms. Besides the visual modelling and drag-and-drop interfaces that make these platforms easier to use, your LCNC platform should be secure. It should have the required security framework certifications in place and espouse data confidentiality measures. It’s important to avoid using software that potentially opens the door to hackers.
Your LCNC platform should be equipped for multi-device deployment (meaning that you only have to create an app once for it to be accessible on any device), and scalability so you can add more users to your application as your organisation grows.
Once you’ve identified the right platform, it’s time to start cross-organisational planning for the digital experiences your organisation will provide, and the ways low-code can be leveraged to create those experiences. Remember, one of the major strengths of a good low-code platform is that it allows for collaboration. People across the organisation need to be exposed to the platform to understand what it can do for them.
The time is now
There has never been a better time for your business to embrace an LCNC strategy, as the world is undergoing an unprecedented rate of digital transformation. It is essential, however, to combine the correct platform with a strategy that enables your entire company to realise the benefits of low-code development. This is the most effective way to put your business ahead of the competition.
Hyther Nizam is the President of MEA at Zoho Corp
B2B e-Commerce: Fostering Sales, Distribution with Data Analytics
The informal sector is a major source of economic growth and productivity globally. According to both the World Bank and the International Labour Organisation (ILO) statistics, more than 2 billion people representing 61% of the world’s employed population work in the informal sector.
Of the number, 93% are reportedly in emerging and developing countries. Around 86% of employment in Sub-Saharan Africa is in the informal sector, while 80% of household retail distribution is said to be delivered via informal retailers.
Nigeria is reputed to have a huge informal sector that makes up 50% of the country’s Gross Domestic Product (GDP) and accounts for over 90% of employment. The informal retail market value is estimated at US$100bn out of which the food and consumer goods retail segment is worth over $40bn.
B2B e-commerce firm Alerzo’s CEO, Adewale Opaleye, described the informal sector as a major source of economic growth, productivity and competitiveness.
Despite the importance of the sector, informal retailers face complex challenges that impede their business growth, financial and income stability and service quality. The challenges include limited inventory due to high demands, meaning the market is underserved; and limited access to funding which sometimes leads them to stock low-quality products.
The retail market is also clustered; products are often overpriced because prices are largely unregulated. Distance to market especially those in hard-to-reach locations; opportunity costs; dangers of travel; inadequate logistics such as transport to move purchased goods also impact informal retailers adversely. The unstructured nature of most retail businesses is another setback.
The challenges faced by consumers at the base of the pyramid also represent another key issue in the retail market. Often, lack of access to reliable product information, quality products and services, and low purchasing power deny consumers access to everyday essentials such as food, medicine, hygiene and household products.
The fallout of the challenges in the retail market segment is that manufacturers and distributors are often unable to track data on informal retail sales, regulate quality or access BoP customers for research, marketing or the delivery of social mission goals.
As a strategic pivot for national GDP growth, reforming Nigeria’s informal trade is a key to unlocking socio-economic prosperity for the citizens, and improving the lives of the retailers themselves including their families, and the communities in which they operate.
Hence, initiatives that remove barriers in the Factory-to-Retail distribution chain for consumer goods companies are most welcome. The role of e-Commerce, in particular tech-driven B2B e-Commerce platforms, is pivotal in this regard.
“Our mission is to empower these informal retailers through our ecosystem of digital products, so they are equipped to run profitable and sustainable businesses. We strongly believe that technology has the potential to transform the way informal retailers conduct their businesses, by using it to facilitate – with just a click of a button – fast and easy access to a wide assortment of consumer products at zero delivery cost to the retailers,” Alerzo CEO, Opaleye said.
B2B e-Commerce platforms are beneficial to manufacturers and tier one distributors as enablers of data gathering and market intelligence. By utilising an array of digital technologies to gather market intelligence and analyse data, they arm goods producers with vital information on consumer behaviour to further help them in research and product development. Distributors also use such information to scale up operational efficiency.
The use of customer data significantly fosters sales growth and enhances customer relationships. According to Statista, a 2018 survey in the United States showed that 84% of industry-wide leading firms revealed that data analytics helped to bring greater accuracy to their decision-making. That is, data utilisation and related analytics methods were reported to deliver the most value to firms by reducing expenses and creating new avenues for innovation and disruption.
Data analytics enable manufacturers and distributors to strengthen their business operations. For example, in supply chain management and customer relationship, data analytics can support the personalisation and customisation of sales and customer services to build stronger and more personal relationships with customers.
By deploying data technologies and tools, B2B e-Commerce platforms like Alerzo collect data and market intelligence to identify what customers actually expect from companies and to predict their future demands. In other words, data analytics help to create business knowledge, that is, information and understanding related to business processes and the business environment. It can additionally reveal hidden behavioural patterns.
Furthermore, B2B e-Commerce can provide manufacturers access to real-time data and instant information, creating real-time knowledge of markets, and when properly implemented, can increase sales. McKinsey’s research suggests that a healthy data culture, that is, an organisational culture that accelerates the application of data analytics, is becoming increasingly important for leading and lagging companies. Also, the deployment of data helps to provide accurate and timely information within an organisation.
B2B e-Commerce platforms by utilising their digital solutions can make the collection of data more feasible and cost-effective for manufacturers and distributors. Data analytics as one of the emerging areas in the domain of B2B marketing can even support businesses with access to big data thereby increasing access to quantitative and qualitative information beyond just transaction data such as purchase quantities.
In a nutshell, B2B e-Commerce in so many ways offers solutions that are helping to address the needs in the Factory-to-Retail distribution value chain holistically – at the supply side (manufacturers, top-tier distributors and last-mile retailers), and the consumers (demand) side.
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