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Document Type

Article

Abstract

Before the emergence of the Protocol to the African Continental Free Trade Area Agreement on Competition (AfCFTA Competition Protocol), there was no unified competition framework to regulate the African Continental Free Trade Area. What existed was a fragmentation of regional competition frameworks created along regional economic ties, characterised by confusing overlaps and multiple memberships. In addition to the fragmented approach, Africa was not represented at the global level when leading competition institutions from other regions made decisions on anticompetitive conduct with worldwide implications. Adopted by the African Union (AU) in 2023, the AfCFTA Competition Protocol challenges the existing situation. It aims to harmonise approaches across Africa, give Africa a voice in the global marketplace, and integrate efforts within what will be the largest single market in the world. Although not yet in force, this essay doctrinally and comparatively examines the provisions of the Competition Protocol against the background of the problems it aims to address, the frameworks of existing regional competition authorities, and scholarly views. It contends that by fostering deliberate collaboration between current regional and national competition authorities, the Protocol will help to establish not just a uniform approach but also equal opportunities for State Parties and businesses across Africa. The goal is to promote competition in the market and eliminate anti-competition practices and cultures.

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