Competition Law at Ivory Coast
Ivory Coast (Côte d'Ivoire) enforces competition law through a dual framework: national legislation and regional regulations under the West African Economic and Monetary Union (WAEMU). Here's an overview:
🇨🇮 National Competition Law
Law No. 91-999 (27 December 1991): This was the initial national competition law in Ivory Coast. It prohibited anti-competitive agreements and abuse of dominant positions, and established a Competition Commission to oversee enforcement.
Ordinance No. 2013-662 (20 September 2013): This ordinance updated the competition law framework, aligning it more closely with regional standards. It empowers the Competition Commission to enforce anti-competitive practices and provides clearer guidelines on prohibited practices.
Ordinance No. 2019-389 (8 May 2019): This amendment clarified that the government may regulate the prices of essential goods and services during exceptional crises or market dysfunctions, after consulting the National Competition Commission. It also allows the government to fix, cap, or approve price margins to stabilize prices and prevent speculation. These measures are temporary, not exceeding six months.
🌍 Regional Competition Law (WAEMU)
WAEMU Treaty (10 January 1994, revised 29 January 2003): Establishes the legal basis for competition law within the WAEMU member states, including Ivory Coast.
Regulation No. 02/2002/CM/UEMOA (23 May 2002): Prohibits anti-competitive commercial practices such as cartels and abuse of dominant positions within the WAEMU region.
Regulation No. 03/2002/CM/UEMOA (23 May 2002): Outlines procedures for investigating and sanctioning anti-competitive practices within the WAEMU region.
WAEMU Commission: The regional body responsible for enforcing competition rules, including merger control, within its member states. National authorities, such as Ivory Coast's Competition Commission, assist the WAEMU Commission in this regard.
⚖️ Enforcement and Penalties
National Competition Commission: Investigates and sanctions anti-competitive practices, including cartels and abuse of dominant positions, within Ivory Coast. It .
WAEMU Commission: Has exclusive jurisdiction over merger control and can impose sanctions for anti-competitive practices affecting trade between member states. National authorities assist in the enforcement of these regulations.
🧭 Summary
Ivory Coast's competition law operates within a dual framework: national legislation provides the foundation for competition policy, while regional regulations under WAEMU harmonize and enforce these laws across member states. The National Competition Commission enforces national laws, while the WAEMU Commission oversees regional enforcement, particularly concerning merger control and cross-border anti-competitive practices.
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