Kampala — The Chief Executive Officer of the COMESA Competition Commission (CCC), Willard Mwemba, has defended the lengthy timelines involved in the Commission’s case investigations, saying the process is necessary to ensure credibility, accuracy, and fairness in decision-making.
Mwemba made the remarks during a news conference held in Nairobi on September 10, where he addressed concerns over delayed investigations, some of which date back to 2021.
Citing the example of one of the Commission’s major cases, Mwemba highlighted the investigation into alleged anti-competitive business practices by Diageo Plc (Case No. CCC/ACBP/4/1/2021). The probe, initiated on June 21, 2021, under Article 22 of the COMESA Competition Regulations, focused on allegations of market allocation and restrictive distribution agreements across several COMESA Member States, including Uganda, Kenya, Zambia, Zimbabwe, Rwanda, Ethiopia, and Mauritius.
The investigation examined Diageo’s business conduct related to resale price maintenance, single branding, and territorial restrictions that were potentially limiting market competition. Following extensive engagement with Diageo and its distributors–particularly in Uganda–the Commission entered into commitment negotiations with the company in May 2025.
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These discussions culminated in a Commitment Agreement confirmed by the Committee Responsible for Initial Determinations on September 23, 2025. As part of the agreement, Diageo terminated certain distribution arrangements in Eswatini and Zambia and revised its contracts in Uganda to eliminate clauses that restricted competition.
The company also agreed to pay a settlement amount of USD 750,000 to address concerns relating to territorial limitations and resale price restrictions.
Mwemba said the Commission welcomed Diageo’s corrective measures and would continue to monitor compliance to ensure fair competition within the Common Market.
Mwemba also referenced another ongoing case — the investigation into alleged anti-competitive practices by Heineken Holding N.V. (Case No. CCC/ACBP/5/2/2021) — among several others under review.
He explained that such cases, which often involve complex multinational operations across multiple jurisdictions, require meticulous evidence-gathering and legal scrutiny to reach credible conclusions.
Now in its 13th year of operation, the COMESA Competition Commission continues to uphold its mandate of regulating competition and protecting consumer welfare across the 21 Member States of the COMESA region.
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Since its establishment, the Commission has reviewed over 480 mergers and acquisitions, investigated more than 50 restrictive business practices, and handled over 60 consumer protection cases, reflecting its central role in promoting a fair and competitive regional marketplace.
Mwemba noted that long investigation periods are not unique to COMESA, pointing out that even advanced jurisdictions such as the United States and South Africa have cases stretching back several years.
He stressed that thorough investigations prevent rushed or flawed decisions that could undermine the Commission’s integrity.
“It is better to take longer on an investigation but deliver credible outcomes,” he said. “Our institution remains firmly committed to safeguarding consumers and ensuring a fair playing field within the COMESA Common Market.”
