The COMESA Competition Commission (CCC) is ramping up its efforts to protect consumers in the digital age, proposing a series of amendments aimed at curbing the growing menace of dark patterns, scams, and harmful digital content.
These changes are driven by a recognition of the increasing complexity of online platforms and the potential harm they pose, particularly to vulnerable groups such as children.
Willard Mwemba, the Director and Chief Executive Officer of the CCC, emphasised the severity of these on the sidelines of eight business reporters workshop in Livingstone, Zambia.
He described dark patterns—manipulative tactics designed to deceive consumers—as a grave violation of consumer welfare.
“These practices are deliberately crafted to harm consumers,” Dr Mwemba stated, highlighting the need for regulatory intervention.
Dark patterns often manifest as seemingly innocuous processes on electronic devices, leading consumers through a series of steps that can result in unintended purchases, difficulty in unsubscribing from services, or other unwanted outcomes.
The CCC’s proposed amendments aim to address these issues head-on by introducing stricter guidelines and regulations.
One of the most pressing concerns highlighted by Dr Mwemba is the impact of digital platforms on children.
The commission has noted a troubling rise in harmful content directed at younger audiences, including lewd or inappropriate material. To combat this, the CCC is advocating for the development of comprehensive guidelines to protect children online.
Beyond safeguarding consumers from dark patterns, the CCC’s proposed amendments also seek to tackle false and misleading product claims, particularly those related to health benefits.
The amendments would enhance transparency in product labeling, strengthen recall processes—both voluntary and compulsory—and bolster enforcement efforts across the COMESA region.
“We are committed to ensuring that the products distributed and imported into the COMESA region meet the highest standards,” he said.
Environmental concerns have also been woven into the proposed amendments, with new provisions that would consider public interest issues in the review of mergers and acquisitions.
The CCC is pushing for a name change to reflect its expanded consumer protection mandate, rebranding as the “COMESA Competition and Consumer Commission.”
The commission also aims to address imbalances in market power, particularly in cases where powerful buyers impose unfair trade terms that can stifle competition and harm consumer welfare.
To address these challenges, new merger notification thresholds for the digital market are being proposed, along with a shift from a non-suspensory to a suspensory regime.
This means that parties involved in mergers would need to seek CCC approval before proceeding, with penalties for non-compliance.
ligadwah@businessdayafrica.org