A New Era for M&A in East Africa: The EACCA Merger Regime
From 1 November 2025, any merger or acquisition with a cross-border effect in the East African Community requires notification to the East African Community Competition Authority (EACCA). This is the most significant development in East African competition law in decades — and it has immediate, practical consequences for every deal team, corporate counsel, and investor working on transactions that touch Tanzania and the broader EAC region.
This article explains how the EACCA merger notification regime works, how it interacts with Tanzania’s existing Fair Competition Commission (FCC) process, what the notification thresholds are, and how deal teams should restructure their M&A planning to account for the new supranational layer of competition review.
What is the EACCA and Which Countries Does It Cover?
The East African Community Competition Authority (EACCA) is the regional competition regulator established under the EAC Competition Act. Its mandate covers anti-competitive conduct and merger control across the full EAC membership, which currently includes: Burundi, the Democratic Republic of Congo, Kenya, Rwanda, Somalia, South Sudan, Tanzania, and Uganda.
The EACCA formally began accepting merger notifications on 1 November 2025, following a notice issued on 1 July 2025. While the Authority has been in existence for some time, this marks the commencement of its active merger review function, a critical milestone for all businesses with operations across EAC member states.
EACCA Merger Notification Thresholds: Do You Need to File?
Not every cross-border transaction in the EAC requires EACCA notification. The obligation is triggered by a two-part financial test:
Threshold 1: The combined turnover or total asset value of all merging parties within the EAC must be at least USD 35 million.
Threshold 2: At least two of the merging parties must each have turnover or assets exceeding USD 20 million within the EAC.
Both conditions must be satisfied, and the transaction must involve undertakings operating in at least two EAC member states. If your deal involves Tanzania and at least one other EAC country and meets the financial thresholds, you likely have a mandatory EACCA filing obligation.
| EACCA Notification Trigger Checklist |
| ✔ Transaction involves undertakings in 2 or more EAC member states |
| ✔ Combined EAC turnover or assets of merging parties is at least USD 35 million |
| ✔ At least two merging parties each have EAC turnover or assets exceeding USD 20 million |
| ✔ If ALL THREE apply → mandatory EACCA notification required before completion |
The Supremacy Principle: How EACCA Approval Replaces National FCC Filings
The most commercially significant feature of the new EACCA regime is the principle of supremacy. Where a transaction meets the EACCA notification thresholds and receives EACCA clearance, the parties are no longer required to separately notify Tanzania’s Fair Competition Commission (FCC) for Mainland Tanzania, or the Zanzibar Fair Competition Commission (ZFCC) for Zanzibar.
This is a major efficiency gain. Previously, a regional M&A transaction touching Tanzania, Kenya, Uganda, and Rwanda required four separate national competition authority filings — each with its own procedures, fees, information requests, and review timelines. Under the new regime, qualifying transactions need only one supranational filing with the EACCA.
Important: EACCA supremacy only applies to transactions that meet the cross-border thresholds. Domestic-only deals below the thresholds still require FCC notification in Tanzania.
When Does the Tanzania FCC Still Apply?
The Tanzania Fair Competition Commission retains full jurisdiction over: (1) transactions that fall below the EACCA financial thresholds; (2) transactions involving only Tanzanian operations with no cross-border EAC dimension; and (3) anti-competitive conduct matters that do not involve a qualifying cross-border merger.
This creates a dual-track system that deal teams must navigate carefully. The first question in any Tanzania M&A transaction is now: does this deal trigger EACCA notification, FCC notification, or both? Getting this analysis wrong at the outset can result in completion delays, regulatory sanctions, or, in the worst case — an obligation to unwind a completed transaction.
What Does the EACCA Review Process Look Like?
As a recently operationalised institution, the EACCA’s procedural norms are still developing. Early filers will inevitably face some degree of process uncertainty. However, the EACCA is modelled on established international competition authority practice, and its review is expected to follow a standard Phase 1 / Phase 2 structure, with the Authority assessing whether the transaction is likely to substantially lessen competition in any EAC market.
Deal timelines must now account for EACCA review as a condition precedent to closing for qualifying transactions. Advisors should build conservatively on timing until the EACCA’s standard turnaround times become established through practice. The EACCA’s mandate also extends to anti-competitive conduct review, businesses with existing commercial arrangements across the EAC region should assess whether those arrangements raise cross-border competition concerns.
What M&A Deal Teams in Tanzania Should Do Now
| EACCA & FCC Merger Compliance — Action Points |
| ✔ Screen every M&A transaction early for EACCA notification thresholds |
| ✔ Map all EAC jurisdictions in which the merging parties have turnover or assets |
| ✔ Determine whether EACCA filing displaces FCC filing or whether both are required |
| ✔ Build EACCA review period into deal timetables as a condition precedent to closing |
| ✔ Engage experienced East African competition counsel at the term sheet stage |
| ✔ Review existing commercial agreements across EAC markets for cross-border competition risk |
The EACCA merger regime is not a future risk, it is a present reality. Transactions signed today with an EAC cross-border dimension require immediate assessment against the new thresholds and, where applicable, mandatory pre-closing notification to the EACCA. For Tanzania-based businesses and cross-border investors, the message is clear: competition law due diligence in East Africa just got more complex, and the cost of getting it wrong just got significantly higher.
Our competition law team advises on EACCA merger notifications, FCC clearance, and East African competition compliance. Contact us to discuss your transaction.
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