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Merger Control in Côte d'Ivoire: WAEMU’s Exclusive, Voluntary, Non‑suspensory Regime; No Thresholds; Full‑Function JVs Only; Foreign‑to‑Foreign Rarely Caught; Focus on Abuse‑of‑Dominance Risks

Practice notes
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1. Have there been any recent developments regarding the Ivorian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Côte d'Ivoire?

The country’s competition statute was most recently revised in 2019 via Ordinance No. 2019-389 of 8 May 2019, which modified Ordinance No. 2013-662 of 20 September 2013 (the Competition Act). Enforcement of the Competition Act rests with the National Competition Commission (NCC). That said, mergers fall outside the scope of the Competition Act. Côte d'Ivoire belongs to the West African Economic and Monetary Union (Union Economique et Monétaire Ouest Africaine) (WAEMU) and must comply with WAEMU competition rules set out in Directive 02/2002/CM/UEMOA (the WAEMU Regulations). Merger control is exclusively within WAEMU’s remit across its members; domestically, the NCC’s role is largely to support the WAEMU Commission in this context. No revisions to the WAEMU Regulations are currently anticipated, and there are likewise no pressing merger control matters. Accordingly, merger control is exercised solely at the WAEMU level centrally.

2. Under Ivorian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is

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Web page updated on 21/05/2026

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