This success will ensure the uninterrupted French language broadcast of CAF tournaments on Pay-TV platforms in 13 sub-Saharan jurisdictions until 2028.
The investigation, which commenced in 2017, concluded with the COMESA Competition Commission’s recommendation that the exclusive broadcasting agreement between CAF and Canal+ be terminated at the end of 2024, which prompted a legal challenge by CAF and Canal+ before the Committee Responsible for Initial Determination (CID), a judicial panel that includes members of the COMESA competition board of commissioners.
After multiple rounds of written and oral pleadings and consultation with the Commission, the CID ordered the closure of the investigation subject to the removal of the exclusivity provision from the agreement as proposed by Canal+ and endorsed by CAF. The CID also agreed with the submissions of CAF and Canal+ that the agreement remain in force until the end of its term.
The CID decision has several implications, including:
There was no finding of liability for breach of the COMESA Competition Regulations;
No fines will be imposed on CAF or Canal+;
Canal+ can continue to broadcast CAF content in French until 2028;
CAF can allow other broadcasters to show the same content on Pay-TV platforms; and
Future broadcasting rights will be tendered in the manner agreed to by CAF and the Commission.
The Meysan team acting for CAF comprised Partner Tarek Badawy, Senior Associates Salma Abdelaziz and Ismail Lamie, and Associate Aya El-Far.
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