RBB provided economic expert evidence to the Committee of Initial Determination (CID) for the COMESA Competition Commission (CCC), in the context of the CCC’s investigations into the commercialisation of media and marketing rights for CAF competitions.
As the governing body of football in Africa, CAF hosts a number of football competitions, the most notable of which is the Africa Cup of Nations (AFCON). Canal+ is a pay-TV broadcaster that produces and distributes content globally and had agreed to broadcast CAF competitions in Francophone Africa.
The CCC initiated an investigation into agreements between CAF and each of a number of broadcasters, including Canal+, relating to the coverage of these competitions, and alleged that these agreements were anticompetitive owing to the nature of the tender processes, the duration and scope of exclusivities. Following its investigation, the case was referred to the CID.
An RBB team led by Patrick Smith
Patrick SmithPartner and Lauren Antrobus
Lauren AntrobusSenior Associate prepared and submitted an economic expert report, which addressed topics of market definition, the scope of the rights awarded to Canal+, and the assessment of the competitive dynamics and economic impact of the agreements. Patrick then gave oral evidence during the hearing before the CID panel, in Port Louis, earlier this year.
The CID ultimately approved a set of undertakings negotiated between the parties. Read the CID’s decision here.
RBB was instructed by Webber Wentzel, attorneys to Canal+.
