By Sarah Natoolo
As implementation of the new competition and consumer protection regulations takes effect across the Common Market for Eastern and Southern Africa (COMESA), it has emerged that global technology giant Google and regional telecommunications powerhouse Safaricom were among the companies that reviewed and submitted comments on reforms that are already beginning to affect some of the world’s largest digital platforms.
The sweeping overhaul of the regional competition framework, now officially known as the COMESA Competition and Consumer Protection Regulations, was approved by the COMESA Council of Ministers in December 2025 and formally launched in Livingstone, Zambia, on February 24, 2026, following a four-year review process.
The new legal regime introduces far-reaching obligations for players in the technology and digital commerce sectors, including digital market mergers, platform operators, third-party service providers and end users.
“The process of reviewing the law followed wide public consultations. It was gratifying to see various businesses respond to this call. Among them were Google and Safaricom,” said COMESA Competition and Consumer Commission (CCCC) Chief Executive Officer Dr Willard Mwemba.
Google is one of the world’s largest technology companies, while Safaricom remains Kenya’s leading telecommunications operator and has expanded its footprint into Ethiopia, making both firms significant players within the COMESA common market.
Under the new regulations, the CCCC has been empowered to regulate digital markets by targeting so-called “gatekeepers” — large digital platforms that serve as critical gateways between businesses and consumers. The regulations prohibit designated gatekeepers from engaging in practices such as self-preferencing, unfair leveraging of user data and discriminatory treatment of smaller businesses.
“The 2025 regulations provide for conducts which firms designated as gatekeepers would be prohibited from engaging in,” Dr Mwemba said.
The Commission has already begun testing its new powers. In February, the CCCC launched an investigation into Meta Platforms Ireland Limited over allegations that changes to WhatsApp Business terms blocked providers of third-party artificial intelligence assistants from accessing the platform while allowing preferential treatment for Meta’s own AI services. The Commission said it had reasonable grounds to suspect that Meta holds a dominant position in the COMESA common market and that the restrictions could limit competition in the rapidly growing AI sector.
The COMESA investigation mirrors growing scrutiny of Meta’s AI-related conduct globally. Earlier this month, the European Commission ordered Meta to restore free access to WhatsApp for rival AI assistants while antitrust investigations continue, arguing that restricting access could cause irreparable harm to competition in the emerging AI market.
Competition experts argue that rapid technological advancement and increasing market concentration require modern regulatory tools to ensure dominant firms do not engage in conduct capable of distorting markets or restricting innovation.
According to COMESA data, Africa’s digital economy was valued at approximately $30.24 billion in 2025 and is projected to reach $63.31 billion by 2030, representing annual growth of nearly 16 percent.
The expansion has been driven by increased internet penetration, mobile connectivity and digital payments. World Bank data shows that more than 160 million Africans gained broadband access between 2019 and 2022, while digital payment adoption accelerated significantly across the continent.
COMESA Secretary General Chileshe Mpundu Kapwepwe says the revised framework fills a major regulatory gap by introducing specific provisions governing digital markets, digital mergers and gatekeeper conduct that were absent under the repealed 2004 regulations.
The regulations also introduce new merger notification requirements for digital transactions. Mergers involving digital platforms that meet a transaction value threshold of $250 million and involve operations in at least two COMESA member states must now be reported to the Commission, even where traditional turnover or asset-value thresholds are not met.
COMESA officials argue that effective competition enforcement is increasingly critical in a regional market of 682 million people with a combined gross domestic product exceeding $1.1 trillion.
Recent figures show that foreign direct investment inflows into COMESA reached $65 billion in 2024, underlining the bloc’s ambition to strengthen investor confidence through a predictable, rules-based market environment that promotes competition, innovation and consumer welfare.
