EAC Competition Authority – notifications for mergers / acquisitions

The EAC Competition Authority (EACCA) has issued Legal Notice EAC/191/2025 dated 1 July 2025 (published 7 August 2025) (EACA Notice) that merger / acquisition applications and notifications under the East African Competition Act 2006 shall commence on 1 November 2025.

Some key take-aways from the EACCA Notice include:

1. A cross-border merger / acquisition is notifiable to EACCA if:
   • the combined turnover / assets (whichever is higher) in the East African Community (EAC) of the merging undertakings equals or exceeds USD 35 million; and
   • at least 2 undertakings to the merger / acquisition have a combined turnover / assets of USD 20 million in EAC, unless each of the parties to a merger achieves at least two-thirds of its aggregate turnover / assets in EAC within one and the same EAC partner state.
2. Once a notification of a merger / acquisition with cross-border effect is made to the EACCA, the EACCA Notice states that there is no need to notify the same to the national competition authorities eg Fair Competition Commission in Tanzania (FCC).
3. Notification fees payable to EACCA:
   • USD 45,000 for an aggregate value of assets / turnover (whichever is higher) of USD 35 million up to USD 50 million as a result of the transaction.
   • USD 70,000 for an aggregate value of assets / turnover (whichever is higher) of above USD 50 million up to USD 100 million as a result of the transaction.
   • USD 100,000 for an aggregate value of assets / turnover (whichever is higher) of above USD 100 million as a result of the transaction.
4. Any commenced or pending merger proceedings with a EAC cross-border effect to a national competition authority or any other relevant authority within an EAC partner state (eg FCC) before the publication [sic] of EACCA Notice shall be finalised by the respective authorities.

Please contact VELMA Law if you have any comments or questions.