"While the MoU signals a positive step toward deeper collaboration between the CCC and the EACCA, it is important to note that it is non-binding and does not create enforceable legal obligations. Its effectiveness will ultimately depend on how its stated intentions are operationalised in practice," notes Joyce Karanja, Partner and Head of Competition at Bowmans Kenya.

Wang'ombe Kariuki, Senior Consultant at Bowmans Kenya, explains that a key highlight of the MoU is its provision for overlapping jurisdictions.

"The MoU provides a framework within which the EACCA and the CCC will handle transactions that fall under both jurisdictions. Notably, the necessary legal instruments and guidelines will be required to be adopted to enhance the efficacy of this provision," he says.

Kariuki explains that the MoU also ensures the coordination of enforcement activities by providing a framework allowing the EACCA and the CCC to render assistance to each other. This includes information exchange, locating and securing evidence, etc.

"The MoU also facilitates technical assistance and capacity building, providing that regulators shall mobilise resources for joint capacity building, jointly facilitate and develop advocacy workshops, and establish mechanisms to strengthen the implementation of competition law in their respective regions," he notes.

Cynthia Waweru, Senior Associate at Bowmans, notes that in terms of the impact on business, the MoU may lead to more consistent approaches in cross-border merger reviews and investigations.

"As such, businesses may benefit from clearer guidance and harmonised enforcement practices when navigating transactions across these regions," she says.

Waweru says there is also potential for reduced duplication of efforts and improved coordination between the regulators in handling cross-border transactions.

Karanja adds that, on the other hand, "closer cooperation may result in heightened scrutiny of mergers and conduct, including more coordinated investigations, broader information requests and longer timelines. As such, we recommend taking a proactive approach to competition compliance and engaging early with legal counsel when preparing for cross-border transactions."

She concludes, "With the CCC's experience as the most established regional competition authority on the continent, its partnership with the EACCA under the MoU could serve as a practical blueprint for the implementation of the AfCFTA Competition Protocol and the establishment of its institutions."