Competition Law and the Right to Development in Africa: Reflections on AFCFTA Protocol on Competition
摘要
The relationship between competition law and the right to development has not been thoroughly explored, particularly in the African context. These two areas are often pursued independently and in isolation, with little consideration of their potential synergies or how they might complement each other. In many jurisdictions, competition law incorporates developmental objectives, aligning it closely with the broader process of fulfilling the right to development. This suggests a potential connection between competition law and the right to development, grounded in their shared developmental focus. This chapter adopts a doctrinal and comparative legal approach to examine the intersection between competition law and the right to development in Africa. It aims to assess whether competition law can serve as a tool to promote the right to development, particularly in the context of the recently adopted Protocol on Competition under the African Continental Free Trade Area (AfCFTA). The study finds that sustainable economic development is a key objective explicitly outlined in the AfCFTA Competition Protocol. Additionally, the Protocol includes several other goals that indirectly support economic development. By fostering economic growth, the AfCFTA contributes to advancing the right to development, as economic development is a vital enabler of this right. However, the paper highlights that these achievements remain largely theoretical at present. The Competition Protocol has yet to come into force due to insufficient ratifications. Even when operational, the Protocol will face significant practical challenges. Not all African states prioritise economic development as a competition law objective; some focus exclusively on economic efficiency. This divergence necessitates a comprehensive alignment process between domestic competition laws and the AfCFTA Competition Protocol to ensure coherent intra-African competition governance that supports economic development and, by extension, the right to development.