Competition Law at Gambia
The Gambia's competition law framework is primarily governed by the Competition Act 2007, which aims to promote fair competition, prevent anti-competitive practices, and protect consumer welfare. The Gambia Competition and Consumer Protection Commission (GCCPC) is the statutory authority responsible for enforcing this Act, as well as the Consumer Protection Act 2014 and the Essential Commodities Act 2015 .
Key Features of Gambia’s Competition Law
Anti-Competitive Agreements: The Act prohibits collusive agreements, bid rigging, and other restrictive practices that hinder market competition
Abuse of Dominance: It addresses the abuse of market dominance, including predatory pricing and refusal to deal, to ensure a level playing field.
Merger Control: The Act provides for the regulation of mergers and acquisitions to prevent the creation of monopolies or significant anti-competitive effects .
Investigative Powers: The GCCPC has the authority to initiate investigations, hold hearings, impose penalties, and take actions such as prohibiting proposed mergers
Recent Enforcement Actions
The GCCPC has actively enforced competition laws through several investigations and directives:
SAT Inter Trade Ltd.: Investigated for tying the purchase of its PEAK Milk brand to another product, leading to a directive to cease such practices
GAM Petroleum Storage Facility Ltd.: Found to have engaged in discriminatory conduct by denying a competitor access to storage facilities, resulting in a directive to cease and desist .
I-Care Optics: Investigated for proposing a market-sharing agreement to avoid competition, leading to a directive to cease and desist .
Regional Cooperation: ECOWAS Regional Competition Authority (ERCA)
As a member of the Economic Community of West African States (ECOWAS), The Gambia participates in regional competition law enforcement through the ECOWAS Regional Competition Authority (ERCA). Established in May 2019 and hosted in Banjul, ERCA aims to promote and maintain competition across the ECOWAS region
ERCA's responsibilities include:
Merger Control: Implementing a mandatory merger notification regime for transactions meeting specific financial thresholds and involving at least two ECOWAS member states
Leniency and Immunity: Providing conditions for leniency and immunity to encourage the reporting of anti-competitive practices .
Market Studies: Conducting studies on various sectors to assess competition dynamics and inform policy decisions.
The Gambia's active participation in ERCA underscores its commitment to regional economic integration and the enforcement of competition laws.
Conclusion
The Gambia's competition law framework, led by the GCCPC and supported by regional cooperation through ERCA, provides a robust structure for promoting fair competition and protecting consumers. The active enforcement of these laws demonstrates the country's dedication to maintaining a competitive market environment.
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