NAIROBI, Kenya– The East African Community Competition Authority (EACCA) will begin receiving and reviewing mandatory notifications for cross-border mergers and acquisitions starting November 1, 2025, in a move aimed at tightening oversight of regional business deals.
The regulator said all mergers involving two or more EAC partner states will require notification if they meet specific financial thresholds.
“A cross-border merger or acquisition is notifiable to the East African Competition Authority if the combined turnover or assets in the Community of the merging undertakings, whichever is higher, equals to or exceeds Sh4.5 billion (USD 35 million),” the Authority stated.
“At least two undertakings to a merger or acquisition must have a combined turnover or assets of Sh2.6 billion (USD 20 million) in the Community, unless each of the parties achieves at least two-thirds of its turnover or assets in one Partner State.”
The EAC, which brings together Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo, and Somalia, is seeking to harmonize its competition laws to prevent anti-competitive practices that could distort regional trade.
Analysts say the move signals growing maturity in the bloc’s economic integration, especially as more companies expand operations across borders in sectors such as banking, telecommunications, and manufacturing.
For instance, several Kenyan banks and telcos operate across East Africa, often through acquisitions or joint ventures, raising the need for a common framework to manage competition.
Alongside the notification requirements, the Authority has introduced a fee structure tied to transaction values.
Deals worth Sh4.5 billion to Sh6.4 billion (USD 35 million–50 million) will attract a filing fee of Sh5.8 million (USD 45,000).
Transactions above Sh6.4 billion up to Sh12.8 billion (USD 50 million–100 million) will be charged Sh9 million (USD 70,000), while mergers exceeding Sh12.8 billion (USD 100 million) will pay Sh12.8 million (USD 100,000).
Business leaders say the regime will bring predictability to regional deals, but caution that the costs and timelines for approvals must remain competitive with other jurisdictions.
The new system also places EACCA alongside regulators such as South Africa’s Competition Commission and COMESA’s Competition Commission, which already oversee regional transactions.
With increasing cross-border investment in East Africa, the EACCA’s mandate is expected to play a central role in ensuring that consolidation does not stifle competition but instead promotes fair play and consumer welfare across the region.
