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
How Standard of Living in Africa is Making Start-Ups Innovate Around Disposable Income
By Otori Emmanuel
An organisation in its early phase of existence is referred to as a start-up. Entrepreneurs that desire to create a product or service think there is a market for launching start-ups. Because start-ups often have high startup costs and low revenue, founders frequently look for money from a variety of internal and external sources, including personal savings, loans from family and friends, business venture capitalists, and crowdsourcing. There are start-ups in different industries like Information Technology, agriculture, communication, health and other sectors.
Start-ups and Innovation
Establishing a start-up takes careful planning, including consideration of factors like business location, cost of goods or services, product packaging, and supply efficiency. Start-ups frequently run the risk of failing because of unfavourable environmental and industry conditions. Embracing new opportunities and focusing on innovation, among other methods, are accelerators for a business’ survival and growth.
Although, it is true that established businesses also frequently collapse. Technology has advanced throughout time, and many start-ups are combining the cutting-edge idea of tech into their respective fields.
For example, tech is now being used to improve education as in edtech, finance as in fintech, and more use cases are being introduced to daily activities. Statistics show that start-ups are expanding most quickly globally in the technology sector. Over the past few decades, Africa has seen an exceptional number of start-up generations.
The State of Start-ups in Africa
The phrase “start-up” became more common in the 1990s as the number of enterprises centred on technology and the internet rapidly increased.
According to an analysis, African start-up marketplaces hit historic heights in 2021 at over $4 billion, representing a nearly 20x rise since 2015. Start-ups have been increasingly popular in Africa due to various factors, including drawing on previous success stories from the west, attempting to address grassroots challenges, adapting global content to local quirks, and adhering to supportive policies. In terms of current economic events and cultural developments, numerous different facts are at play here.
In terms of living standards, the rate of extreme poverty in rural areas in Africa was close to 50%, which was far higher than the rate in urban areas, which was about 11%. According to the conference board’s Global Economic Outlook, the pace of global GDP growth will reach a recessionary level in 2023 after starting to decline from 3.1% in 2018 to 2.7% in 2022.
Africa has clearly also been impacted by the global economic downturn, which has resulted in a sharp decline in living standards, lower-quality goods, higher costs, and inflation. When prices increase generally, yet fewer goods are available for the same amount of money in an economy, this is called inflation.
When there is inflation, sources and forms of income are affected, from passive income to investment income to disposable income. Our focus here is the disposable income which is the money left to take home after tax and other deductions. Most households depend on disposable income for survival, and the trending inflation gradually steals from this income of an individual in the form of increased grocery prices and the cost of feeding. This has led to the term “sachetization”.
Startup business owners use this approach to satisfy declining demand and maintain operations. Sachetization is the idea of distributing products, which are typically sold in greater amounts, in smaller quantities using sachets in an effort to increase sales. Sachetization helps consumers purchase what they can afford. When only a small amount is required, consumers do not need to buy big quantities of the commodity. So far, this has appeared to be sustainable, with the exception of its drawbacks, where it has been observed that sachet items are of low quality, contain fewer items than is indicated, and even defraud the consumer into purchasing smaller packages when, in reality, a larger package would have been more appropriate.
Reduced disposable income has also affected start-ups in maintaining production costs, purchasing raw materials, increased interest rates on loans, market instability and declined demand.
Therefore, to get through the process of inflation, individuals, households, and businesses seek sustainable measures to meet their needs. A few include:
- Cost efficient purchases
- Opportunity cost methods
- Valuable investments etc.
Upskilling Young People to be Entrepreneurial in Digital Age is Critical
Africa’s young people are undoubtedly one of the continent’s greatest resources. As other regions battle with ageing populations and declining birth rates, Sub-Saharan Africa can lay claim to a median age of 19.7 with around 70% of the population under the age of 30. Those young people are increasingly well-educated and connected.
But all that potential means nothing if they aren’t getting the opportunities needed to fulfil it. And in many countries, it’s clear that they aren’t. In South Africa, the continent’s most advanced economy, the unemployment rate sits at 63.9% for those aged 15-24 and 42.1% for those aged 25-34 years. In Nigeria, meanwhile, the rate among people aged 15-34 is around 42.5%. And in Kenya, the lobby group, The Youth Congress, claims that seven out of every 10 unemployed people are aged 35 and under.
While there are a number of interventions that could, and should, be made to help reverse those figures, perhaps the most important is to ensure that young people have the skills they need to be entrepreneurial. Indeed, research has shown that innovators can create significant wealth and have considerable developmental influences on society.
It’s even more critical at a time when technology is accelerating so fast that jobs can quickly become redundant.
“Fostering entrepreneurship among young people not only enables them to create their own opportunities and employment for other young people,” says Didi Onwu, Managing Editor at The Anzisha Prize, an organisation born out of a partnership between African Leadership Academy and Mastercard Foundation that seeks to increase the number of job generative entrepreneurs fundamentally and significantly in Africa. “It can also help them recognise and pursue employment opportunities that they might not have been able to otherwise.”
Yes, entrepreneurship really is a skill
Before digging into exactly what kind of skills can help foster entrepreneurship among a whole continent’s worth of young people, it’s worth pointing out that there’s a pervasive myth that needs to be busted. Over the years, glowing profiles of entrepreneurs (particularly in the tech space) have convinced many that entrepreneurs are born rather than made.
But, as Onwu points out, that’s simply not true.
“The idea of the brilliant innovator turned billionaire makes for a good story,” she says. “But dig a bit further and you’ll see that most successful entrepreneurs were given the tools they needed to succeed from a very young age.”
Microsoft founder Bill Gates, for example, was given extensive time with his high school’s computer at a time when having one was still a rarity. His mother also sat on the board of a non-profit with then IBM chairman John Opel, and helped the then fledgling company score a contract with the computing giant which ultimately proved crucial to its future success.
“While we can’t give every prospective young African entrepreneur a family connection, we can help them develop critical entrepreneurial skills that will serve them well in the future,” says Onwu.
The right skills matter most
While there are obviously a number of hard skills, such as those that concern technological proficiency, which are important to being an entrepreneur, the really valuable ones are a little more intangible. And equipping young people with those skills requires more than a straightforward curriculum.
Take network building, for example. While you could teach the basics in a course, establishing real networks takes time and consistent effort. The same is true for pitching to investors for funding. Other skills, such as mastering the fear of failure, can only be learned through practice.
“It’s something that we thought hard about when we redesigned the fellowship programme from the ground up a few years ago,” says Onwu. “We wanted to ensure that our fellows were holistically building a broad range of entrepreneurial skills throughout their fellowships and beyond.”
Fellows are, for example, given access to communities of fellow entrepreneurs, introduced to a wide network of stakeholders and business experts, and provided with the opportunity to shadow successful entrepreneurs in their sector. It’s an approach which makes a great deal of sense when you consider that research has shown that exposure to innovation has a significant positive impact not just on the kind of innovation that young people produce, but also on their overall ability to be innovators.
Upskilling, now and forever
It should be absolutely clear that Africa needs its young people to be equipped with entrepreneurial skills if they are to meet their full potential in an age of accelerated technology. And, as Onwu points out, efforts to ensure that this is the case need to be made at every level of society.
“While we’re incredibly proud of the work we do at the Anzisha Prize, along with our partners, no single organisation can provide all of Africa’s young people with the skills they need to thrive as entrepreneurs,” she says. “It needs buy-in from governments, NGOs, the private sector, and a variety of other stakeholders.”
Moreover, these efforts cannot simply be short-term and instead need to be sustained over a prolonged period.
“The factors that make upskilling Africa’s young people to be entrepreneurial so important now aren’t going away anytime soon,” she concludes. “It’s therefore critical that all efforts are made to ensure that any initiatives aimed at building entrepreneurship are sustainable and capable of adapting to a constantly shifting business and technology environment.”
Why Collaboration Tools are Critical for Organisations in the Age of the Hybrid Workplace
By Hyther Nizam
The workplace today is vastly different than it was a few years ago. The pandemic has accelerated the adoption of digital technologies by businesses, both for their customers and employees.
Today, the majority of businesses operate on a hybrid model, and as a result, internal collaboration—both digital and in-person, has become critical for business success.
When it comes to creating an environment that supports online and offline employee collaboration, many businesses continue to fall short and work in restricted silos.
In today’s age, companies need to think about implementing effective collaboration platforms that facilitate team communication regardless of whether employees work in-office or remotely. With the necessary tools in hand, developing a strong digital collaboration culture becomes significantly easier.
The importance of collaboration
Before diving into what businesses should look for in collaborative online tools, it’s important to understand why collaboration is so effective. Research shows that high levels of collaboration result in more engaged employees, who communicate openly and don’t fall prey to bottlenecks (such as managers taking overly long to sign off on projects). That, in turn, results in better service delivery and improved customer experience.
Besides the increased employee engagement mentioned above, effective collaboration also improves the flow of information across the organisation and fosters better communication. That, in turn, results in faster problem-solving. Employees recognise this too. According to a study, 86% of employees pin workplace failures on a lack of collaboration and ineffective communication. When people collaborate, they’re more likely to see a project through to the end. In other words, collaboration is important for any organisation seeking long-term success.
Finding the right tools to digitally recreate organizational cultures and improve collaboration
As many organisations have learned over the past couple of years, the general assortment of tools that they previously relied on simply won’t cut it anymore. Hopping between different instant messaging services, meeting platforms, and productivity solutions means that vital information is bound to get lost at some point. Context carry-over, informational continuity, and service uniformity become challenges for employees when they are forced to use a bunch of non-integrated tools for their everyday work. When digital employee experience drops, it has a direct effect on customer experience.
As the virtual world increasingly infiltrates the workplace and becomes a permanent fixture, organisations should consider implementing a company-wide collaboration and connectivity platform that enables inter- and intra-team communication, eliminates silos, and assists employees in maintaining productivity levels. Especially, productivity platforms or suites that leverage tight integrations and consistent interfaces to combine essential office productivity needs such as email, instant messaging, internal forums, A/V conferencing, and word processors with live-collaboration features, for example, enable these applications to become even more powerful and contextually relevant across services.
For instance, when email and instant messaging applications work together, employees have an easier time converting email conversations that warrant live discussions into chat threads and porting relevant information into the chatbox. Based on chat discussions, employees can also add final deliverables as personal tasks directly from the chatbox. And online word processors that facilitate live collaboration, allowing multiple people to contribute and comment simultaneously, can be convenient and life-changing for remote workers. Not to mention the version control issues that can be averted by freeing employees from having to email documents back and forth.
Another aspect to look for in collaboration suites is the ability to fold this internal collaboration into business applications like CRMs. For instance, the capability of an instant messaging tool to contextually integrate with an organisation’s CRM platform will enable executives to discuss a certain ticket via chat or a quick audio call before responding to the customer. Collaboration-conducive elements like these can further elevate productivity levels and get work done faster as well as make the experience of working across multiple services a smooth-sailing experience for employees.
A change in mindset
To help fuel the mindset shift needed to ensure that digital collaboration becomes ingrained in a company’s organisational culture, it’s equally critical that managers adopt, and are seen to adopt, the platform. If they’re getting full use out of it, their team members will also be spurred to. At the same time, employees all over the world are also experiencing digital burnout and virtual fatigue as their entire work schedules shift online. So it’s vital that managers balance empathy and humaneness with the usage of such tools in a non-intrusive way.
A virtual world of work
Businesses must adapt to the new virtual working environment. This requires re-evaluating processes and prioritising online solutions that facilitate collaboration, all while maintaining a focus on company culture. The customer experience begins with employees, and businesses will ultimately benefit from improved teamwork and communication.
Hyther Nizam is the President in charge of MEA at Zoho Corporation
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