This report provides an in-depth analysis of the legal provisions of the SACU agreement of 2002 dealing with regional cooperation on competition policy and cross-border unfair trade practices: Articles 40 and 41 of the SACU agreement among the five Member States (Botswana, Lesotho, Namibia, South Africa and Swaziland). Article 40 and 41 of the treaty provides basis for national and community action to deal with private anti-competitive and unfair trade practices. However, the SACU treaty does not provide for a common and binding SACU Competition Law. The emphasis of the treaty provisions is on the role of member
states and cooperation among the members for effective application of National Competition Laws. The report gives a legal and economic interpretation of the relevant provisions and outlines two options for cooperation on regional competition policy and in dealing with cross-border unfair trade practices,
including the institutional and regulatory framework for the application of the competition rules.