Diageo to pay “settlement” after Africa anti-competition probe

Core Viewpoint - Diageo has agreed to a settlement of $750,000 following an investigation by the COMESA Competition Commission into anti-competitive practices related to market allocation and territorial restrictions [1][6]. Group 1: Investigation Background - The COMESA Competition Commission initiated an investigation in 2021 into Diageo and other companies regarding alleged market allocation arrangements and territorial restrictions [1][2]. - The authority expressed concerns that these arrangements could reinforce national borders and negatively impact trade and competition within the COMESA common market, which consists of 21 member states [2]. Group 2: Findings of the Investigation - The investigation revealed that Diageo's distribution agreements in Seychelles and Uganda contained restrictive clauses that fixed product prices within the common market [3]. - It was noted that distributors in Uganda were restricted from dealing in competing products, which harmed inter-brand competition, and Diageo's dominant market position exacerbated the competitive harm [4]. - Territorial restrictions were identified for Diageo's distributors in Uganda, Zambia, Eswatini, and Seychelles, limiting their operations outside designated territories [4][5]. Group 3: Settlement and Commitments - Following the investigation, Diageo proposed commitments on a non-admission liability basis, which included the payment of a $750,000 settlement [6]. - The company has also agreed to submit periodic compliance reports to the COMESA Competition Commission and amend restrictive clauses in its agreements [6].