Competition Law at Niger
Niger's competition law framework is primarily governed by the Competition Code, which aligns with regional regulations established by the West African Economic and Monetary Union (WAEMU) and the Economic Community of West African States (ECOWAS).
📜 Key Legal Frameworks
1. WAEMU Regulations
As a member of WAEMU, Niger adheres to several regulations that govern competition within the union:
Regulation No. 02/2002/CM/UEMOA: Addresses anti-competitive practices within WAEMU.
Regulation No. 03/2002/CM/UEMOA: Outlines procedures applicable to restrictions and abuse of dominant positions.
Regulation No. 04/2002/CM/UEMOA: Deals with state assistance within WAEMU and conditions for the application of Article 88(c) of the WAEMU treaty.
Directive No. 02/2002/CM/UEMOA: Promotes cooperation between the Commission and national competition authorities of member states through the application of Articles 88 and 90 of the WAEMU treaty
These regulations aim to protect consumers and ensure fair competition among traders, manufacturers, and service providers in the region.
2. National Legislation
Niger enacted Law No. 2019-56 of 22 November 2019 to organize competition within the country. This law provides a legal framework for addressing anti-competitive practices and promoting fair competition. )
🏛️ Institutional Framework
Niger has established a Competition Commission responsible for enforcing the Competition Code. This body is tasked with investigating anti-competitive behaviors, issuing sanctions, and promoting fair competition practices.
🌍 Regional Cooperation
Niger is a member of both WAEMU and ECOWAS, regional organizations that have established frameworks for competition law enforcement:
WAEMU: As mentioned, WAEMU has established regulations governing competition within its member states.
ECOWAS: The ECOWAS Regional Competition Authority (ERCA) became fully operational in October 2024. ERCA is responsible for regulating anti-competitive conduct across West Africa, including Niger. It has the authority to issue decisions on competition and consumer protection matters, including merger control.
⚠️ Enforcement and Challenges
While Niger has established a legal and institutional framework for competition law, enforcement remains a challenge. The country has been working to strengthen its competition regime through capacity-building initiatives and regional cooperation. In June 2022, Niger hosted a workshop organized by ERCA to sensitize national stakeholders about the community competition framework and ERCA's role.
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