Competition law comprises a set of legal rules which aim to control the socially harmful exercise of private market power, whether through hardcore cartels, single-firm monopolies, or mergers that reduce structural competition. This is a discipline that has undergone a remarkable process of expansion in recent decades, and competition laws influence markets in around 130 states worldwide.

China recently incorporated competition law in an attempt to boost its National Market and promote fairness among business enterprises locally and internationally. This shows the manner in which competition law is being adopted globally. China’s Premier, Li Qiang, stated that healthy competition is key to enhancing cooperation and innovation, adding that the world needed to remove barriers to competition and cooperate on environmental strategies and international exchange. This showcases the economic need to regulate corporate competition on an international level.

The international integration of competition regulations in various markets broadens the scope and the need to have competition law integrated into international law. While competition law is primarily enforced at the national level, it intersects with international law in various ways due to the increasingly competitive nature of markets and business activities. Cooperation among countries and international organisations is crucial for addressing cross-border anticompetitive conduct and promoting fair competition globally.

The European Union (E.U.) has set a precedent of navigating competition regulations that have been adopted by multiple regional organisations and competition authorities on national and international levels. The Union governs competition law, unlike most regional competition authorities, mainly because its regional membership treaty dictates the observation of competition authority binding a powerful market to fair competition actions. Among competition authorities that have borrowed from the E.U. include the Common Market for Eastern and Southern Africa (COMESA).

The COMESA Competition Commission began enforcing the regulations in 2013, marking a positive step towards competition enforcement in Africa. While aimed at promoting regional integration, certain aspects of the regulations introduced uncertainty for businesses operating in Africa.

Guidance from the International Competition Network (ICN) and the E.U. offered insights into effective regulations. Emphasising legal certainty and efficiency, these practices inform proposals for improving COMESA regulations. Reforming the COMESA regulations to provide clarity and efficiency is crucial for fostering partnership, economic prosperity and regional integration within COMESA. The 2023 regulations have focused on COMESA’s power and capability to act on competition among the entities acting within the member states.

The regulations advocate for amendments to address jurisdictional ambiguities, enhance notification requirements, and align with international best practices in competition enforcement.

Does continuous global competition adaptation suggest the possibility of a unified international competition law? A unified competition law has the potential to promote fair competition, innovation, and economic efficiency in the global business landscape. However, with the current nature of geopolitics, it would require cooperation among countries and careful consideration of the diverse legal, economic, and cultural factors at play.

In conclusion, while international competition law and COMESA competition regulations share similar objectives, they differ in scope, applicability, enforcement mechanisms, and specific provisions due to their respective markets’ jurisdictions based on regional treaties and purposes.