Abstract

Notwithstanding the controversy surrounding the need for merger control in developing countries and its triggering factors, Ethiopia, as a small economy, motivated by some competition and industrial policy considerations, has enforced a merger control system which is at the fore front of the operational concern of its anti-trust regime. This paper argues that, despite a noticeable foreign influence on the regime, the country’s merger control legal framework is riddled with numerous deficiencies. These deficiencies need to be addressed promptly for achievement of the very goals of merger control and implementation of effective enforcement require a well-designed set of rules. It will be argued that, the deficiencies, if not properly dealt, could continue to affect certainty of transactions and ease of doing business and result in unnecessary administrative burden on the competition authority. This paper attempts to make a comparative analysis of deficiencies surrounding the legal regime and recommend legal reform.

Keywords: Competition law, Merger control, Ethiopia, South Africa, Zambia