Training Course on Competition Policy and Law in Intra-Africa Trade

Training Course on Competition Policy & Law in Intra-Africa Trade

Introduction

This comprehensive training course is meticulously designed to equip participants with a robust understanding of competition policy and law within the burgeoning landscape of intra-Africa trade. As the African Continental Free Trade Area (AfCFTA) takes shape, a harmonized approach to regulating anti-competitive practices and promoting fair market conduct becomes paramount. Training Course on Competition Policy & Law in Intra-Africa Trade delves into the fundamental principles of competition law, exploring its application to cross-border trade, investment, and economic cooperation among African nations. Participants will gain critical insights into identifying and addressing anticompetitive agreements, abuse of dominance, and merger control issues that can impede the realization of a truly integrated and competitive African market. By focusing on the unique challenges and opportunities presented by regional economic communities (RECs) and the broader AfCFTA framework, this training will empower stakeholders to navigate the complexities of competition regulation and contribute to a level playing field for businesses across the continent.

The curriculum further emphasizes the practical application of competition law enforcement and policy development in the African context. Through case studies, interactive discussions, and expert-led sessions, participants will develop the analytical skills necessary to assess the impact of business practices on market competition and consumer welfare. The course also examines the interplay between national competition laws and regional frameworks, highlighting the importance of regulatory convergence for effective enforcement. By understanding the nuances of cross-border competition issues, participants will be better positioned to advise businesses, shape policy, and contribute to the development of a competitive and dynamic African common market, ultimately driving sustainable economic growth and development across the continent.

Course Duration

10 days

Course Objectives

1. Understand the Fundamentals of Competition Policy: Grasp the core principles, rationale, and economic objectives of competition policy in promoting fair markets.
2. Analyze Anti-Competitive Agreements in Intra-Africa Trade: Identify and evaluate various forms of anticompetitive agreements, including cartels and restrictive practices, impacting trade flows within Africa.
3. Assess Abuse of Dominance in African Markets: Recognize and analyze instances of abuse of dominant positions by firms and their detrimental effects on market competition in the African context.
4. Navigate Merger Control Regulations in Africa: Understand the legal frameworks and procedures governing merger control at national and regional levels within Africa.
5. Explore the Interplay between National and Regional Competition Laws: Analyze the relationship and potential conflicts between national competition laws and the competition provisions of RECs and the AfCFTA.
6. Examine Competition Law Enforcement Mechanisms in Africa: Gain insights into the institutional frameworks, procedures, and challenges associated with competition law enforcement across African nations.
7. Understand the Role of Regional Economic Communities (RECs) in Competition Regulation: Analyze the specific competition mandates and activities of key RECs in promoting fair trade.
8. Evaluate the Competition Provisions of the African Continental Free Trade Area (AfCFTA): Comprehend the scope, objectives, and potential impact of the AfCFTA's competition protocol on intra-African trade.
9. Identify Sector-Specific Competition Issues in Africa: Recognize unique competition challenges and regulatory approaches in key sectors such as telecommunications, finance, and agriculture within Africa.
10. Develop Strategies for Competition Compliance in Cross-Border Operations: Learn best practices for ensuring competition compliance for businesses operating across multiple African countries.
11. Understand the Impact of Competition Policy on Consumer Welfare in Africa: Analyze how effective competition enforcement contributes to lower prices, better quality goods, and greater consumer choice across the continent.
12. Explore International Best Practices in Competition Law and their Relevance to Africa: Examine successful international competition law models and their potential adaptation to the African context.
13. Contribute to the Development of a Competitive African Common Market: Understand how individual actions and policy advocacy can foster a more competitive and integrated African economy.

Organizational Benefits

• Enhanced understanding of the legal and regulatory landscape for intra-Africa trade.
• Improved compliance with competition laws, reducing the risk of legal challenges and penalties.
• Greater ability to identify and mitigate anti-competitive risks in business operations.
• Empowered employees with the knowledge to promote fair competition within the organization and the market.
• Contribution to a more ethical and competitive business environment, enhancing the organization's reputation.

Target Audience

1. Government Officials involved in trade and competition policy.
2. Legal Practitioners advising on intra-Africa trade and competition law.
3. Business Executives and Managers engaged in cross-border operations in Africa.
4. Trade Associations and Chambers of Commerce.
5. Academics and Researchers specializing in African trade and law.
6. Consumer Protection Agencies and Advocates.
7. Consultants advising on market entry and regulatory compliance in Africa.
8. Officials from Regional Economic Communities (RECs).

Course Outline

Module 1: Introduction to Competition Policy and Law

• Defining competition and its economic benefits.
• Rationale for competition policy and law.
• Overview of different types of anti-competitive conduct.
• The evolution of competition policy globally and in Africa.
• Key international organizations and their role in competition.

Module 2: Anti-Competitive Agreements: Cartels and Concerted Practices

• Understanding the concept of agreements, concerted practices, and decisions of associations.
• Types of cartels (price fixing, market sharing, bid rigging).
• Legal tests for identifying anti-competitive agreements.
• Case studies of cartel investigations in Africa.
• Exemptions and justifications for certain agreements.

Module 3: Abuse of Dominance: Unilateral Conduct

• Defining market dominance and its assessment.
• Types of abusive conduct (predatory pricing, refusal to supply, tying and bundling).
• Legal standards for proving abuse of dominance.
• Case studies of abuse of dominance cases in African markets.
• Distinguishing between legitimate competition and anti-competitive abuse.

Module 4: Merger Control: Preventing Anti-Competitive Mergers

• Rationale for merger control and its objectives.
• Defining mergers, acquisitions, and joint ventures.
• Legal thresholds for merger notification in African jurisdictions.
• Assessment of the competitive effects of mergers.
• Remedies for anti-competitive mergers.

Module 5: Competition Law in Regional Economic Communities (RECs)

• Overview of key RECs in Africa (EAC, COMESA, ECOWAS, SADC).
• Analysis of the competition provisions within REC frameworks.
• The interplay between national laws and REC regulations.
• Challenges and opportunities for harmonizing competition rules within RECs.
• Case studies of competition enforcement at the REC level.

Module 6: Competition Provisions of the African Continental Free Trade Area (AfCFTA)

• Detailed analysis of the competition protocol under the AfCFTA.
• Scope and objectives of the AfCFTA competition framework.
• Relationship between the AfCFTA protocol and national/REC laws.
• Potential impact of the AfCFTA on competition enforcement across Africa.
• Opportunities for businesses and consumers under the AfCFTA competition regime.

Module 7: Sector-Specific Competition Issues in Africa

• Competition challenges in the telecommunications sector.
• Regulatory issues and competition in the financial services industry.
• Competition concerns in the agricultural sector and value chains.
• Specific competition issues in emerging digital markets in Africa.
• Case studies of sector-specific competition enforcement.

Module 8: Competition Law Enforcement and Procedure

• Overview of competition authorities in Africa: structures and mandates.
• Investigative powers and procedures of competition authorities.
• Adjudication processes and remedies for competition infringements.
• Challenges in cross-border enforcement and cooperation.
• The role of leniency programs and settlements.

Module 9: Competition Compliance and Risk Management

• Developing effective competition compliance programs for businesses.
• Identifying and assessing competition law risks in business operations.
• Internal training and awareness programs on competition law.
• Best practices for responding to competition authority investigations.
• The role of legal counsel in competition compliance.

Module 10: Consumer Welfare and Competition Policy

• The link between competition and consumer benefits (lower prices, quality, choice).
• How anti-competitive practices harm consumers.
• The role of consumer protection agencies in competition enforcement.
• Advocacy for consumer interests in competition policy.
• Case studies of consumer welfare issues in African competition cases.

Module 11: International Cooperation in Competition Law Enforcement

• The importance of international cooperation in addressing cross-border competition issues.
• Bilateral and multilateral agreements on competition enforcement.
• The role of international organizations (e.g., UNCTAD, OECD) in promoting cooperation.
• Challenges and mechanisms for mutual legal assistance.
• Case studies of successful international cooperation in competition cases.

Module 12: Economic Analysis in Competition Law

• Introduction to key economic concepts relevant to competition assessment.
• Market definition and market power analysis.
• Assessing the anti-competitive effects of agreements and conduct.
• Evaluating the efficiencies and justifications for potentially restrictive practices.
• The role of economic experts in competition proceedings.

Module 13: Developing National Competition Policies and Laws

• Key considerations in drafting effective national competition legislation.
• Institutional design and the independence of competition authorities.
• Balancing competition enforcement with other policy objectives.
• The process of policy review and reform.
• Stakeholder engagement in competition policy development.

Module 14: Competition Law and Intellectual Property Rights

• The interface between competition law and intellectual property rights (patents, trademarks, copyrights).
• Potential for anti-competitive abuse of IP rights.
• Licensing agreements and competition law.
• Technology transfer and competition policy.
• Balancing innovation incentives with competition.

Module 15: The Future of Competition Policy in Intra-Africa Trade

• Emerging trends and challenges in African competition law.
• The impact of digitalization and e-commerce on competition.
• The role of competition policy in promoting inclusive growth and development.
• Strategies for strengthening competition enforcement across Africa.
• The future outlook for a competitive African common market.

Training Methodology:

• Interactive lectures and presentations.
• Case study analysis and discussions.
• Group exercises and simulations.
• Expert panel discussions.
• Guest speaker sessions with experienced practitioners.

Register as a group from 3 participants for a Discount

Send us an email: info@datastatresearch.org or call +254724527104 

 

Certification

Upon successful completion of this training, participants will be issued with a globally- recognized certificate.

Tailor-Made Course

 We also offer tailor-made courses based on your needs.

Key Notes

a. The participant must be conversant with English.

b. Upon completion of training the participant will be issued with an Authorized Training Certificate

c. Course duration is flexible and the contents can be modified to fit any number of days.

d. The course fee includes facilitation training materials, 2 coffee breaks, buffet lunch and A Certificate upon successful completion of Training.

e. One-year post-training support Consultation and Coaching provided after the course.

f. Payment should be done at least a week before commence of the training, to DATASTAT CONSULTANCY LTD account, as indicated in the invoice so as to enable us prepare better for you.