Competition Law at Burkina Faso
Competition law in Burkina Faso is aimed at promoting fair competition, preventing monopolistic practices, and protecting consumers. Here's a summary of the key aspects of competition law in Burkina Faso:
Legal Framework
Burkina Faso’s competition regime is primarily governed through:
National Laws:
Burkina Faso has adopted Law No. 15/94/ADP on competition, which lays the foundation for national competition rules.
The law prohibits anti-competitive agreements, abuse of dominant positions, and unfair trade practices.
Regional Laws – WAEMU:
Burkina Faso is a member of the West African Economic and Monetary Union (WAEMU). The WAEMU Competition Law (Regulations No. 02/2002/CM/UEMOA and 03/2002/CM/UEMOA) applies to all member states.
These regulations have direct effect and supremacy over national competition laws in cases of conflict.
WAEMU focuses on anti-competitive practices with a regional impact.
OHADA (Organization for the Harmonization of Business Law in Africa) also influences certain aspects of commercial and corporate law, though it does not specifically regulate competition law.
Key Provisions
Prohibited Practices:
Price-fixing
Market sharing
Collusive tendering
Abuse of dominant market position
Mergers or acquisitions that significantly reduce competition
Merger Control:
No comprehensive merger control exists under Burkina Faso law; however, the WAEMU Commission may intervene if a merger affects competition regionally.
Consumer Protection:
The law includes provisions to protect consumers from unfair commercial practices, misleading advertising, and defective products.
Enforcement Authorities
National Competition Commission (Commission Nationale de la Concurrence) handles enforcement at the national level.
WAEMU Competition Commission investigates and sanctions practices affecting more than one member state or having regional implications.
Recent Developments
Competition enforcement is gaining momentum in the WAEMU region, including Burkina Faso, with more attention to market liberalization, transparency, and consumer welfare.
Challenges
Limited institutional capacity and resources.
Low public and business awareness of competition law.
Enforcement remains relatively weak compared to more developed jurisdictions.
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