Broadcast Media Africa has learnt that the Common Market for Eastern and Southern Africa (COMESA) has launched an investigation into American Tower Corporation and Airtel Africa for possible anticompetitive behaviour.
BMA understands that the investigation is in response to a complaint from the COMESA Competitive Commission, alleging that the two companies have violated a clause that protects against anticompetitive agreements that may affect trade between member states and distort competition in the Common Market.
According to the complaint, American Tower Corporation allowed Airtel Africa to take over a specific number of its sites annually in exchange for a cash rebate. The Commission, however, has clarified that the commencement of investigations does not presuppose that the conduct being investigated is anticompetitive or that either of the two companies have violated the Regulations.
The Commission will assess the behaviour of both ATC and Airtel to determine its effect in the Common Market and apply appropriate measures as provided in the Regulations. The investigation will also assess whether the alleged behaviour has its purpose or affects the prohibition, limitation, or distortion of competition in the Common Market or a significant portion of it.
Currently, there has been no response from either ATC or Airtel.
