Home FinanceKenya and Zambia: Leading the Pack in COMESA Merger Activity

Kenya and Zambia: Leading the Pack in COMESA Merger Activity

by victor.njenga.dv@gmail.com

New disclosures from the COMESA Competition Commission (CCC) reveal that Kenya and Zambia were the top two countries impacted by corporate mergers in 2024, each involved in a total of 48 merger-related cases. They were closely followed by Uganda (45), the Democratic Republic of the Congo (39), and Mauritius (36) (Anyanzwa, 2025).

Rise in Merger Activity

The CCC reported a surge in merger cases in 2024, approving 43 mergers outright and issuing five “comfort letters” for those that did not require full merger notifications (Anyanzwa, 2025). Overall, the CCC handled 56 transactions that year, compared to 36 in 2023—a remarkable 47.4% increase (Mizner, 2024).

Sector Snapshot: Areas of Consolidation

In 2024, the banking and financial services sector saw the most merger approvals, with seven cases—marking it as the most active sector. This was followed by energy and petroleum, as well as ICT and agriculture (Businge, 2025).

Not only were these sectors involved in numerous mergers, they reflect strategic consolidation in areas crucial to regional growth—fueled by macroeconomic pressures like high interest rates and inflation (Businge, 2025).

Why Kenya and Zambia Lead

  • Regional economic hubs: Both countries host large, diversified economies and serve as operational bases for multinational firms with cross-border activities.

  • Threshold triggers: COMESA’s merger rules stipulate that any deal involving parties active in two or more member states must be notified—regardless of size—so long as it meets financial thresholds .

  • Well-established national competition authorities (NCAs): Kenya and Zambia maintain robust NCAs that remain integral to the regional regime—even as COMESA encourages a “one-stop-shop” model.

In fact, from 2013 through 2020, Kenya was the most affected member state by mergers, followed by Zambia and Mauritius

Regulatory Overlap and Coordination

Despite COMESA’s aim to harmonize competition oversight, overlapping jurisdiction can cause complexities. For instance, while COMESA aims to be a regional “one‑stop‑shop” for merger notifications, Kenya continues to require separate national filings in addition to the regional process The EastAfrican+9Norton Rose Fulbright+9Global Africa Network+9.

Both Kenya and Zambia operate suspensory merger regimes, meaning parties must obtain approval before implementing a merger—adding another layer of regulatory scrutiny Global Competition Review+2Global Africa Network+2.

Looking Ahead: Expanding Scope and Strengthening Enforcement

The CCC is not limiting itself to mergers. In 2024, it stepped up its enforcement against restrictive business practices and consumer protection issues, with 13 investigations—particularly in wholesale and retail, along with beverages—and 18 consumer cases, up from 8 in 2023. The manufacturing sector featured prominently, especially in Zambia African Law & Business+1.

This broader enforcement approach signals COMESA’s deeper role in supporting fair competition and protecting consumer welfare across the region.

Final Thoughts

Kenya and Zambia’s prominence in COMESA merger statistics underscores their central roles in regional economic dynamics. While the increased merger activity points to deeper market consolidation and integration, it also highlights the pressing need for better alignment between regional and national regulatory frameworks.

Striking the right balance—between efficient oversight and avoiding duplication—will be critical to fostering robust, fair competition across the COMESA region.

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