Regulating Competition in African Digital Markets: From Form to Substance

Abstract

Since the 1980s, many African countries began to adopt competition laws alongside structural adjustment and trade liberalization measures, selectively borrowing from existing EU and U.S. regimes. Today, in response to global consolidation in digital markets, African governments are embracing sectoral regulatory schemes that have pro-competitive aims but go beyond traditional competition law. The structure and goals of the EU’s Digital Markets Act (DMA) are now being reflected in national and regional African frameworks such as the AfCFTA Competition Protocol, South Africa’s Online Intermediation Platforms Market Inquiry, and Kenya’s Competition Amendment Bill. The proliferation of these pro-competitive regimes in the African region even in the face of emerging trade pressure leads to two principal lessons. First, there seems to be an important alignment of interests between the EU and African jurisdictions vis-à-vis tech (U.S.) giants. Second, despite the many limits of African competition authorities’ enforcement capabilities, pro-competitive regimes illustrate a hopeful appetite for an enforcement approach to tech markets that is not antithetic to traditional economic development rationales and yet leaves space for local and regional African values. Even with a regulatory regime formally on the books, however, adding substance to it requires significant implementation work.