Jurisdiction(s):
United Kingdom

Togo merger control: no national regime; WAEMU-exclusive, threshold-free, voluntary and non-suspensory review; full-function JVs only; sector regulators; ECOWAS authority operational

Published by a LexisNexis Competition expert

Practice notes

1. Have there been any recent developments regarding the Togolese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Togo?

Competition in Togo is governed by Law No 99-011 of 28 December 1999 on the organisation of competition in Togo (the Competition Law), which omits any merger control rules. The Directorate of Domestic Trade and Competition (DCIC) serves as the country’s central administrative competition authority under the Minister of Commerce. As a member of the West African Economic and Monetary Union (Union Economique et Monétaire Ouest Africaine) (WAEMU), Togo is bound by WAEMU competition rules as set out in Directive 02/2002/CM/UEMOA (the WAEMU Regulations). WAEMU holds sole and exclusive competence for merger control throughout its member states. National bodies may lawfully oversee competition within the domestic market, flag anticompetitive behaviour, and refer any filing requesting negative clearance or an individual exception to the WAEMU Commission. Togo also belongs to the Economic Community of West African States (ECOWAS) and to the Organisation pour l'harmonisation en Afrique du droit des affaires (OHADA). However, OHADA does not yet have an operational regulator or a functional merger control framework. ECOWAS has recently...

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Web page updated on 22/05/2026

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