Category: ECOWAS

The Evolution of ECOWAS Merger Control: A Review of ERCA’s Latest Approvals

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By Simone dos Santos and Megan Armstrong

Throughout November 2025, ERCA has examined and approved four merger transactions in Liberia. Liberia is a Member State of the Economic Community of West African States (“ECOWAS”), which was established in 1975 when the Heads of State and Heads of Government of fifteen Western African Countries signed the ECOWAS Treaty. As of 29 January 2025, Burkina Faso, Mali, and Niger officially withdrew from ECOWAS. The current Member States of ECOWAS include Benin, Cabo Verde, Côte d’Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Nigeria, Sierra Leone, Sénégal, and Togo; the headquarters of ECOWAS is in Abuja, Nigeria. The aim of ECOWAS is to promote cooperation and integration among Member States in order to raise the standard of living, maintain economic stability, foster relations, and contribute to the development of Africa.

Article 26(3)(a) ECOWAS Treaty sets out the priority sectors of the economy of Member States which include Food and Agriculture Industries, Building and Constructions Industries, Metallurgical Industries, Mechanics Industries, Electrical, Electronic and Computers Industries, Pharmaceutical, Chemical and Petrochemical Industries, Forestry Industries, Energy Industries, Textile and Leather Industries and the Transport and Communications Industries

In each of these sectors, there are mergers and acquisitions that take place, which are regulated by the ECOWAS Regional Competition Authority (“ERCA”).  ERCAS merger control regime became operational on 1 October 2024, and for any merger and acquisition that takes place, a notification must be submitted to ERCA for prior authorisation (See: Regulation C/REG.23/12/21). The four recent merger approvals centred around the following priority sectors: Mechanics Industries, Food and Agriculture Industries, as well as one of the Treaty’s aims, which is to ensure harmonisation in terms of education. The decisions have been made as follows:

ACQUISITION OF IVECO GROUP N.V. BY TATA MOTORS LIMITED COMMERCIAL VEHICLE HOLDINGS

On 19 August 2025, TML CV Holdings Ltd (“TMLCVH”), a company incorporated in Singapore, notified ERCA of its intention to acquire 100% of the shares issued in Iveco Group N.V., excluding its Defence Business Unit. The proposed merger would result in the full integration of both TMLCVH and Iveco Group N.V. commercial vehicles and powertrain divisions under the control of Tata Motors Limited. They are formally known as TML Commercial Vehicles Limited. The relevant market definition in this decision is the “global design, production and distribution of commercial vehicles (trucks and buses), as well as the supply of engines and related components to end customers and third-party manufacturers (OEMs).” The ERCA Council concluded that the merger is unlikely to reduce competition and the acquisition is authorised unconditionally, effective from 3 November 2025.

ACQUISITION OF TOYOTA GHANA LIMITED COMPANY (TGLC) BY TOYOTA TSUSHO MANUFACTURING GHANA CO. LIMITED (TTMG)

On 29 August 2025, Toyota Tshusho Manufacturing Ghana Co. Limited (“TTMG”) and Toyota Ghana Limited Company (“TGLC”) notified ERCA of TTMG’s intention to acquire the distribution business, assets, and operations of TGLC. The relevant market definition includes “new passenger cars, commercial vehicles such as buses and trucks, and the spare parts and after-sale services.” The ERCA Council concluded that the merger is unlikely to reduce competition and it promotes local industrialisation and regional trade integration. Additionally, it provides benefits to consumers as the service standards have been improved. The ERCA Council authorised this acquisition as unconditional. Despite the overlap in segments, the combined market share remains below the dominance threshold (Article 11 of the ERCA Manual on Market Dominance Thresholds). The authorisation of this acquisition is effective from 4 November 2025.

ACQUISITION OF HONORIS HOLDING LIMITED BY K2025283350 (SOUTH AFRICA) PROPRIETARY LIMITED (SA BIDCO), JOINTLY CONTROLLED BY OMPE SPV AND MANGRO HOLDINGS PROPRIETARY LIMITED

On 4 September 2025, SA BidCo notified ERCA of its intention to acquire 100% of the share capital of Honoris Holding Limited (“HHL”). After the merger, SA BidCo will be jointly controlled by an entity of the Old Mutual Group, OMPE SPV, as well as Mangro Holdings Proprietary Limited. This merger furthermore forms part of a broader restructuring and investment initiative led by Old Mutual Private Equity. The relevant market definition in this decision related to the “provision of private higher (tertiary) education services, including foundation-level preparatory programmes”. The ERCA Council concluded that the merger is unlikely to reduce competition and is expected to improve capacity, attract investment, and enhance the quality of education in Nigeria. The acquisition of HHL was authorised as unconditional and effective as from 6 November 2025.

ACQUISITION OF SIERRA LEONE BREWERY LIMITED BY AFRICAN BOTTLING GROUP ABG LIMITED

On 12 September 2025, African Bottling Group ABG Limited notified ERCA of its intention to acquire 98.07% of the share capital of Sierra Leone Brewery Limited (“SLBL”). This share capital was previously held by Heineken International B. The aim of this acquisition is to integrate SLBL’s brewing operations and distribution network into ABG’s beverage operations across the ECOWAS Member States. The relevant market definition in this decision is the “production and distribution of alcoholic and non-alcoholic beverages”. In this instance, this includes beer, other alcoholic beverages including beer, malt-based non-alcoholic beverages and carbonated soft drinks, juices or energy drinks. The ERCA Council concluded that the merger may lead to enhanced production efficiency, quality, and provide potential benefits to consumers. This merger is unlikely to reduce competition, however, it may moderately impact competition in Sierra Leone negatively. It is possible for this impact to be mitigated through appropriate remedies and therefore the Council concluded that the merger be authorised, subject to certain conditions, and is effective from 6 November 2025.

These four merger approvals highlight the Executive Directorate and Councils’ continuous effort to clear the docket before the end of 2025. In addition, the ERCA Council took this opportunity to visit Liberia’s Minister for Commerce and Industry to follow up on the progress of Liberia’s new Competition and Consumer Protection Bill. AAT looks forward to seeing developments and merger approvals made by the ERCA Council in 2026.

Game On for Regional Merger Control: EACCA to Start Receiving Merger Notifications from November 2025

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By Megan Armstrong

In a long-anticipated move towards deeper regional integration and harmonised competition oversight, the East African Community Competition Authority (“EACCA”) has formally announced that it will begin receiving and reviewing merger and acquisition notifications with cross-border effects as of 1 November 2025. 

This marks a significant implementation milestone under the East African Community Competition Act, 2006, which established the EACCA as the supranational body responsible for enforcing competition policy among the eight EAC Partner States. These Partner States are the Republic of Burundi, the Democratic Republic of Congo, the Federal Republic of Somalia, the Republic of Kenya, the Republic of Rwanda, the Republic of South Sudan, the Republic of Uganda and the United Republic of Tanzania. 

Notably, on 10 June 2025, the COMESA Competition Commission (“CCC”) and the EACCA signed a Memorandum of Understanding (“MOU”) aimed at strengthening collaboration between the two agencies. With six of the eight East African Community (“EAC”) Partner States also being members of COMESA, the MOU seeks to minimise potential duplication in enforcement, while promoting joint advocacy efforts and an enhanced legal certainty and predictability for businesses operating across the region. 

Under the newly effective merger control framework, a transaction must be notified to the EACCA if the combined turnover or assets (whichever is higher) of the merging entities in the EAC equals or exceeds USD 35 million, and at least two of the undertakings have a combined turnover or assets of USD 20 million in the EAC, unless each achieves at least two-thirds of its aggregate turnover or assets in the same Partner State. 

Importantly, once a qualifying transaction is notified to the EACCA, there is no requirement to file with national competition authorities, thereby streamlining the merger review process for regional transactions. Merger notifications will be subject to fees ranging from USD 45 000 to USD 100 000, based on the size of the transaction. 

While the EACCA’s enforcement powers have been active in areas such as restrictive business practices, the operationalisation of merger control fills a long-standing gap in this regional competition regime. It also brings the EAC in line with other regional economic communities like the CCC and ECOWAS Regional Competition Authority (“ERCA”), which already exercise merger control functions. 

Firms with pending or planned transactions in the region should prepare to engage with the Authority under this new regime, ensuring timely filings and compliance from November onwards.

The ECOWAS Merger Control Regime: A New Chapter in Regional Competition Law

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By Matthew Freer 

Introduction

The Economic Community of West African States (“ECOWAS”) marked a significant step toward deeper regional integration and market regulation with the formal activation of its merger control regime on 1 October 2024. This regime, now operational under the ECOWAS Regional Competition Authority (“ERCA”), brings a unified, supranational dimension to competition enforcement across the 15 ECOWAS member states. These member states are Benin, Burkina Faso, Cabo Verde, Cote d’Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo.[1] This new framework aims to safeguard the regional market against anti-competitive mergers and acquisitions, foster economic development, and ensure fair competition. It also positions ECOWAS among the growing number of African regional economic communities introducing comprehensive competition oversight mechanisms.

Established on 28 May 1975 through the Treaty of Lagos, ECOWAS was conceived to promote economic integration across the West African sub-region. Its initial vision was to foster a large economic and trading bloc through cooperation in industry, transport, telecommunications, energy, agriculture, commerce, monetary and financial policy. Over time, ECOWAS has evolved to address broader governance issues, including political stability, security, and economic justice, making its merger control regime a natural extension of its mandate to build a fair and efficient regional economy.

Legal Foundations and Institutional Framework

The legal foundations and institutional framework for the ECOWAS merger control regime are built on a series of key legal instruments that establish the rules for competition within the region. The key foundational document is the Supplementary Act A/SA.1/12/08, adopted in 2008, which introduced the ECOWAS Competition Rules and established ERCA as the institutional mechanism to implement them.[2] This Act was followed by Regulation C/REG.23/12/21, which laid down the procedural rules for merger notification and review within the region.[3] In early 2024, Implementing Regulation No. 1/01/24 was promulgated to clarify notification thresholds, filing requirements, and review timelines.[4] These instruments collectively define the substantive and procedural contours of the regime and signal a shift toward rules-based governance of regional competition policy. 

Scope and Jurisdiction

The scope of the ECOWAS merger control regime is broad and designed to capture transactions with cross-border implications within the Community. The regime is both mandatory and suspensory in nature, meaning that parties must notify qualifying transactions and obtain clearance before implementation. Specifically, a merger must be notified if the parties involved operate in at least two ECOWAS member states and meet certain financial thresholds. The primary thresholds relate to turnover or asset value within the region: the combined turnover or relevant balance sheet total of the merging parties must exceed 20 million West African Units of Account (“WAUA”), roughly equivalent to $26.8 million, and at least two of the parties must individually exceed 5 million WAUA, or approximately $6.7 million.[5] Importantly, these thresholds are based on regional economic activity, rather than global figures, ensuring that the rules are directly tailored to the regional market context in which the member states operate. Still, companies operating primarily in a single large ECOWAS economy, such as Nigeria, may wonder whether regional thresholds fairly reflect domestic realities. 

Definition of Mergers and Control

Under the ECOWAS rules, the term “merger” includes a range of transactions such as acquisitions of control, the creation of joint ventures, or other forms of consolidation between entities.[6] “Control” is broadly defined to include not just the legal ownership of a majority of shares or voting rights but also de facto control—meaning the capacity to exert decisive influence over an enterprise’s strategic commercial behaviour.[7] In simpler terms, this means the ability to influence or decide a company’s major decisions and actions, even without owning it outright. This broad interpretation of control is similar to that used by both the Common Market for Eastern and Southern Africa (“COMESA”) and South Africa, which consider influence beyond shareholding, including through management or policy direction.[8]This mirrors a growing understanding across Africa that control can be exerted in subtle but decisive ways, not unlike influence in boardrooms or state-linked enterprises.

Procedural Review Timelines

Once a notification is submitted, ERCA’s Executive Director is tasked with the initial review of the merger, which must be concluded within 60 working days. If further information is required, the Director may extend this deadline by another 30 working days. After the completion of the initial review, the ERCA Council is granted an additional 30 working days to make a final decision on the transaction. This period may be extended by a further 15 days where necessary. Therefore, the total possible days for a final decision from the date of the initial notification is 135 working days. Although the legislation provides these timelines, it does not clarify the frequency of Council meetings, raising possible questions about potential procedural delays and administrative backlog. 

Understandably, given the novelty of the regime, there is a risk that administrative capacity may initially lag behind its procedural ambitions—though this is a challenge that is likely to diminish as institutional experience and capacity builds over time.

Notification Fees and Enforcement Penalties

The financial obligations imposed on notifying parties also deserve attention. A notification fee is payable and may amount to 0.1% of the combined annual turnover or asset value—whichever is higher—of the companies involved within ECOWAS. This fee structure, notably, has no statutory ceiling, which could render compliance particularly costly for large-scale mergers. Such uncapped fees introduce a level of uncertainty into the merger planning process and may discourage investment or create disparities between firms of different sizes. Given this, it might be worth considering a sliding scale or a cap to ensure that start-ups and small and medium enterprises (“SMEs”) are not unfairly burdened by compliance costs. Nevertheless, this mechanism reflects a growing trend among African competition authorities to align filing fees with the potential market impact of a transaction. 

If parties fail to notify a qualifying merger, or proceed with implementation before clearance is granted, ERCA may impose fines of up to 500,000 WAUA per day. These penalties, which equate to approximately $660,000 daily, are designed to ensure compliance and deter strategic non-disclosure.[9] This is notably harsher than COMESA’s flat $500,000 fine.[10] Such a stringent approach is consistent with the practices of more established jurisdictions and signals ERCA’s intent to enforce its mandate robustly. However, in a region where the ability to enforce regulations and the private sector’s understanding of competition law are still developing, this tough enforcement model could cause problems and require ongoing efforts to build capacity.

Substantive Assessment and Public Interest Considerations

In terms of substantive assessment, ERCA is empowered to block a merger that substantially lessens or is likely to substantially lessen competition within the ECOWAS common market. However, the authority also retains the discretion to approve otherwise anti-competitive mergers if they are deemed to serve a compelling public interest. This approach being similar to other African jurisdictions, particularly South Africa. Factors that may justify such exceptions include the promotion of socio-economic development, the protection of SMEs, and broader regional development goals.[11] This public interest override introduces a layer of flexibility to the competition assessment, but also demands careful balancing to ensure that economic efficiency is not sacrificed in pursuit of political or social objectives. Used wisely, this discretion can empower regional development—but overuse however could compromise the credibility of competition law as a neutral economic tool.

Appeals Mechanism and Judicial Review

The possibility of judicial review also reflects ECOWAS’s commitment to transparency and the rule of law. Parties aggrieved by ERCA’s decisions may appeal to the ECOWAS Court of Justice. This appeals mechanism is essential in safeguarding procedural fairness and offers a vital check on the Authority’s exercise of power.[12] However, the ECOWAS Court’s experience and ability to handle competition law cases are still developing, and it’s unclear how actively and effectively it will deal with these disputes. Building a body of jurisprudence will take time, but even a few early decisions could establish helpful precedent for future cases.

Emerging Challenges

Despite its promise, the implementation of the ECOWAS regime is not without its challenges. First among these is the potential for jurisdictional overlap with national competition authorities and with the West African Economic and Monetary Union (“UEMOA”), which also exercises competition law functions within several ECOWAS states. This duplication may result in regulatory uncertainty, forum shopping, and increased compliance costs for businesses operating in the region. In the East, COMESA faced similar early coordination challenges, and ECOWAS would do well to draw lessons from that experience in harmonising efforts with UEMOA. Moreover, the regime enters into force at a time of political uncertainty in West Africa, with three ECOWAS member states—Burkina Faso, Mali, and Niger—currently suspended or in the process of exiting the Community. The regional political context may complicate the regime’s uniform application and threaten its credibility as a pan-West African legal instrument.

Conclusion

Notwithstanding these concerns, the ECOWAS merger control framework represents a landmark moment in the evolution of African competition policy. It brings the region into alignment with global and continental trends, offering a platform for increased regulatory convergence and cross-border cooperation. For legal practitioners and multinational corporations operating in the region, the message is clear: compliance with ECOWAS merger rules is no longer optional, and legal due diligence must include early engagement with ERCA’s requirements. While aspects of the regime may still require some clarification and refinement, particularly in relation to thresholds, procedures, and enforcement modalities, the overall architecture provides a strong foundation for fostering competitive regional markets.

The operationalisation of the ECOWAS merger control regime is a welcome development for those advocating deeper economic integration and regulatory harmonisation in West Africa. As the Authority gains experience and jurisprudence begins to develop, ERCA is likely to become a central actor in shaping the competitive landscape of the region. For this to succeed, continued engagement between regional institutions, national authorities, and the private sector will be essential. The challenge ahead lies not only in enforcing the rules but in embedding a culture of compliance and competition across ECOWAS’s diverse and dynamic member states. In time, perhaps ECOWAS could even serve as a model for other African regions where economic integration is still at a conceptual stage.

 

[2] Economic Community of West African States (ECOWAS), Regulation C/REG.23/12/21 on the Implementation of the ECOWAS Competition Rules by the ECOWAS Regional Competition Authority (ERCA), December 2021

[3] Regulation C/REG 23/12/21 on the Rules of Procedure for Mergers and Acquisitions in ECOWAS

[4] Regulation C/REG.1/01/24 on the Procedural Manuals on Thresholds for Mergers and Acquisitions in ECOWAS. 

[5] Manual of Threshold for Mergers and Acquisitions and Threshold Indicating a Dominant and Monopolistic Position.

[6] Manual of Threshold for Mergers and Acquisitions and Threshold Indicating a Dominant and Monopolistic Position. At page 3.

[7] Supplementary Act A/AS.1/12/08 Adopting Community Competition Rules and the Modalities of their Application within ECOWAS.

[8] COMESA Merger Guidelines (2014), sec. 2.3.

 

[10] COMESA Competition Rules, Art. 24.

[11] Economic Community of West African States (ECOWAS), Regulation C/REG.23/12/21 on the Implementation of the ECOWAS Competition Rules by the ECOWAS Regional Competition Authority (ERCA), December 2021.

[12] ECOWAS Regional Competition Authority (ERCA), Welcome to ECOWAS Regional Competition Authority, available at: https://www.arcc-erca.org/ (accessed 25 April 2025).

More Regional Antitrust: Competition law in West Africa at the hands of ECOWAS

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After the successful launch (and by now, first decade) of its Eastern regional counterpart, the COMESA Competition Commission, as of today, West Africa’s ECOWAS body likewise boasts a supra-national antitrust enforcement regime. AAT will be following its path closely.

By Jannes van der Merwe

The Economic Community of West Africa States (“ECOWAS”) was established by fifteen West Africa countries (“member states”) in 1975 when the member states signed the ECOWAS Treaty, with the aim and objectives to maintain and enhance economic stability and development in Africa.[1] The member states signed the revised treaty in 1975, currently governing the member states.

The current member states are Benin, Burkhina Faso, Cabo Verde, Côte d’Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sieera Leone and Togo.

Authority Established in 2008

In 2008 ECOWAS implemented two pieces of legislation through the authority of the treaty to steer the competition framework within the member states. The first was the Supplementary Act A/SA.1/12/08, and the second Supplementary Act A/SA.2/12/ 08.

Supplementary Act A/SA.1/12/08:

The purpose of this piece of legislation (known as the Community Competition Rules) nutshell is to promote competition, enhance economic efficiency, prohibit anti-competitive conduct that restricts or distorts competition, ensure consumer welfare and to expand opportunities for domestic enterprises of the member states. [2]

Supplementary Act A/SA.2/12/ 08:

The purpose of this piece of legislation was to establish a regional body to be known as the ‘ECOWAS Regional Competition Authority’ (“the Commission”) to govern, oversee and implement the Community Competition Rules.

The Commission

The formal launching of the Commission took place in May 2019. In December 2021, together with further enactment of legislation, the Council of Ministers of ECOWAS amended Supplementary Act A/SA.2/12/ 08 to, inter alia, enhance article 2, governing the bodies of the ERCA[3].

The amendment established two formal bodies of the ERCA, being the Council and the Executive Board of the ERCA, together with the Executive Directorate who is the administrative, investigative and implementing body of the Council’s decisions[4].

On 2 October 2024 the newly elected Council of the Commission will be sworn in at Banjul, the capital of the Republic of Gambia. See photo below.

This event will mark the dawn of a new day for competition in West Africa, whereby the Commission, through the Council, will become fully functional in order to administrate and give effect to the Competition Rules to member states.

Legal Framework

The Commission, through the Council, will be able to give effect to the preamble of the Treaty and align a vitally important piece that was missing from the practical application of the treaty.

The Community Competition Rules will be the governing legislation providing the umbrella under which the Commission will operate.

During December 2021, the Council of Ministers for ECOWAS further enacted regulations to govern the rules and procedures to give effect to the articles of the Community Competition Rules established in 2008.

A brief description of all the relevant legal framework will be discussed below.

 The Competition Community Rules

The Competition Community Rules will regulate, inter alia, Agreements and Concerted Practices in Restraint of Trade; Abuse of Dominant Position; Mergers and Acquisitions; State Aid; Public Enterprises; Compensation for Victims of Anti-Competitive Practices; Authorisation and Exemptions; Agreements Concluded by Member States and the Application and Implementation of the Community Competition Rules[5].

ERCA’s Rules of Procedure in Competition Matters

Regulation C/REG.24/12/21[6] was established to set out the rules and procedures of the ECRA in competition matters and by doing so, harmonising competition laws, procedures, cooperations, investigations, exchange of information, decision making, enforcement, sanctions and compensation[7].

Supplementary Act A/SA.3/12/21

The amended act’s new article 3 provides a positive duty on the Commission to represent ECOWAS wherever necessary in matters of competition and consumer protection[8].

Mergers and Acquisitions in ECOWAS

Regulation C/Reg. 23/12/21[9] was established to set out the rules and procedures for mergers and acquisitions.

This regulation requires that merging parties of member states that meets the threshold will have to obtain prior approval before implementing. The merger threshold is governed by enabling Rule PC/REX.1/01/2024[10]

Leniency and Immunity Proceedings in Competition within ECOWAS

Regulation C/REG.22/12/21[11] was established to set out the rules, conditions and procedures of leniency and immunity applications to the Commission. Simultaneously, this regulation is a guide to the Commission in the exercise of its investigative and prosecutorial discretion in illegal cartels who, through their cooperation, help to reveal Cartel conduct[12].

Regulation C/REG.22/12/21 is accompanied with enabling Rule PC/REX.1/01/24[13] containing the manual for leniency and immunity applications and what leniency and immunity the Commission may grant for enterprises of member states which are engaged in anti-competitive behavior and who voluntarily disclose information to facilitate the Community Competition Rules.

Final Word

The operational ECOWAS Regional Competition Authority and the implementation of a functioning Council for the ECOWAS Regional Competition Authority is a leap forward in the West Africa competition sphere and will protect enterprises and enhance competition within the West Africa markets, providing benefits for entrepreneurs, enterprises and consumers.

[1] Article 3, ECOWAS Revise Treaty, 24 July 1993 (‘the treaty;’).

[2] Supplementary Act A/SA.1/12/08, Article 3.

[3] Supplementary Act A/SA.3/12/21 Relating to the Amendments of Supplementary Act A/SA.2/12/08.

[4] Article 2(new), Supplementary Act A/SA.3/12/21 Relating to the Amendments of Supplementary Act A/SA.2/12/08.

[5] Article 5-13, Supplementary Act A/SA.1/12/08.

[6] Regulation C/REG.24/12/21 on the ERCA’s Rules and Procedures in Competition Matters.

[7] Article 3, Regulation C/REG.24/12/21 on the ERCA’s Rules and Procedures in Competition Matters.

[8] Article 3(new), Supplementary Act A/SA.3/12/21 Relating to the Amendments of Supplementary Act A/SA.2/12/08.

[9] Regulation C/Reg.23/12/21 on the Rules of Procedure for Mergers and Acquisitions in ECOWAS.

[10] Enabling Rule PC/REX.1/01/24 on Manuals of the Procedures of the ECOWAS Regional Competition Authority.

[11] C/REG.22/12/21 on the Rules on Leniency and Immunity Procedures in Competition within ECOWAS.

[12] Article 1, C/REG.22/12/21 on the Rules on Leniency and Immunity Procedures in Competition within ECOWAS.

[13]  Enabling Rule PC/REX.1/01/24 on Manuals of the Procedures of the ECOWAS Regional Competition Authority.

Common Markets & the Race for Power in Africa: a Podcast Interview

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Africa is a continent of 1.2 billion people.  From a consumer potential standpoint it matches China or India.  Yet historically, it has suffered from the lingering shadows of its colonial past, in addition to its current fractures, hostility, and ever-present corruption.

The continent is emerging fast, however, and is quickly accelerating into the 21st Century marketplace both from an investment and growth opportunity. From the digital revolution and increased free trade, to innovation in various industries, Africa may be the next market frontier to unfold into accelerated multinational presence.

In this podcast episode (available gratis on Apple, Spotify, and Sheppard Mullin‘s web site), Michael P.A. Cohen is joined by Africa competition and markets expert, Andreas Stargard, as he shares his insight to help multinationals navigate the African landscape.

What we discuss in this Podcast episode:

  • What do the Africa markets look like from a multinational business opportunity perspective?
  • Which countries in Africa have established markets? Which ones have growth potential?
  • How and why has China’s investment and influence across Africa intensified over the last couple of decades?
  • What type of digital revolution is taking place in Africa?
  • Is there a huge opportunity for mobile money on the continent?
  • How is free trade shaping up across the African continent? How do the AfCFTA’s goals tie in?
  • What Free Trade cooperation agreements exist among the East, West and South African nations? Will they succeed?
  • Where is Africa leading innovations?
  • How will African wars and corruption impact its ability to grow a multinational marketplace?

Who’s speaking:

Michael Cohen is the creator of the Nota Bene podcast. He began his career as an Assistant Special Prosecutor, investigating and prosecuting organized crime involvement with the failure of local financial institutions in the early 1990s, and has since practiced globally at several top law firms. In 2015, Michael joined Sheppard Mullin’s storied antitrust practice with a goal of putting his 25 years experience to work to complement the firm’s longstanding antitrust litigation group, helping to bridge government antitrust enforcement in Washington, D.C. to the firm’s strengths in Brussels, San Francisco and Los Angeles.

A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective, Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe.  He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters.  He has written and spoken extensively on these topics and many others.  Andreas also advises clients on corporate compliance programmes that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like.

Beyond Pure Competition Law – Is Africa Leading the Way Forward in Antitrust Enforcement?

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To all our Africanantitrust followers, please take note of the upcoming American Bar Association webinar on 2 July 2019 (11amET/4pmUK/5pm CET) titled:

“Beyond Pure Competition Law – Is Africa Leading the Way Forward in Antitrust Enforcement?”

In what promises to be a highly topical (telecon) panel discussion, Eleanor Fox, Andreas Stargard, John Oxenham, Amira Abdel Ghaffar and Anthony Idigbe will:

  • provide critical commentary of the most recent developments in antitrust policy across the African continent;
  • highlight the most significant legislative amendments and enforcement activities in Africa; and
  • analyze some of the key enforcement decisions.

South Africa, Nigeria, Egypt, COMESA and Kenya are among the key jurisdictions under the microscope.

Practitioners, agency representatives, academics and anyone who is an antitrust enthusiast will find this webinar to be of great interest. Not to mention companies actually active or looking to enter the African market place.

For details on how to participate, please follow this Link

 

 

 

 

 

 

ECOWAS creates functional antitrust commission

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While the ECOWAS competition regime is not new in and of itself (it was adopted in 2008), the actual operationalization of the ECOWAS Regional Competition Authority (ERCA) is — its inaugural ceremony in took place this past Tuesday in The Gambia, 11 years after its technical launch (although it was established jointly with the adoption of the ECOWAS competition legislation, it remained non-operational for over a decade).  Its mission is to enforce the multi-national body’s Regional Competition Policy Framework (RCPF).

ERCA’s efforts will be supported by the twin launch of the ECOWAS technical committee meeting of national  trade and competition representatives to assist in implementing the RCP, including both its competition/antitrust as well as consumer protection mandates.

ERCA is a specialized, autonomous quasi-judicial body designed to help promote regional economic growth and competitiveness in the ECOWAS common market.

Andreas Stargard, a competition law practitioner with a focus on African antitrust issues, noted that the ECOWAS rules, while not enforced in practice until now, will reflect more of a European approach to competition regulation, as “they include provisions to evaluate and render invalid certain types of governmental support for domestic champion companies and industries, akin to the EU model of ‘state aid’ rules, which do not always form part of antitrust regimes globally.  This makes sense, in our view, in the African context, however, as most domestic economies on the continent have long been subject to state-owned monopoly enterprises and so-called national champions — one need not look further than the various large African state-owned airlines, for example.”

He concluded that two key issues remain to be seen, once ERCA launches its first investigations and brings enforcement actions: “First, with the increasing number of regional enforcers, how will jurisdictional overlaps be resolved, both regional/national, as well as regional/regional, conflict?  Many ECOWAS members are also part of other African multi-national organizations that have some form of competition or consumer protection regulations as part of their mandate, such as the west African monetary union.  Second, what will the be the degree — if any — of ‘public interest’ considerations that may be in play for the 15-member state body’s antitrust enforcement, perhaps copying many of its African sister commissions’ approach…”

Time will tell…