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The Commission says that there was foul play, especially in the period of the 2022 World Cup when broadcasters were blocked, and consumers weren't compensated who might have suffered damages when they couldn't access paid channels.
The pay TVs under investigation include Multichoice Africa Holdings, Azam Media and StarTimes Group.
The three are accused of blocking some regional broadcast channels from airing the 2022 World Cup matches in Uganda, Kenya and Rwanda.
Apart from blocking broadcasters, they also failed to compensate users in the three East African countries who suffered damages.
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The Commission also observed that consumers who may have subscribed for specific bouquets in the interest of having access to certain channels including regional TV programmes and news were denied their right or misled around the same period.
If found guilty, the conduct is in violation of Article 27 (1)(a) of Comesa Competition Regulations which prohibits persons in trade or commerce, in connection with the supply or possible supply of goods or services from giving false or misleading representations to the consumer.
“It is also possible that some consumers may have purchased the bouquets, specifically to watch World Cup through the affected channels. In this case, the consumers may have been misled by the pay-TV service providers in terms of the composition of the bouquet,” Comesa said.
Also included in the investigation is to establish that consumers were inconvenienced and disenfranchised through the blocking of certain channels, especially when they did not receive compensation.
This would be a violation of the Regulations Article 28(1) which condemns unfair and unconscionable behaviour towards consumers by any person in trade or commerce.
The Commission's concern is that consumers did not receive redress for the period of the 2022 World Cup which was held from November 20 to December 18 and saw Argentina take the trophy from former winners France.