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United Kingdom

WAEMU merger control: dominance-focused, voluntary, non-suspensory regime with no thresholds; review timelines, JV scope, foreign-to-foreign reach, penalties and ECOWAS overlap

Practice notes
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A conversation with Lerisha Naidu, Partner, Angelo Tzarevski, Partner, and Sphesihle Nxumalo, Director Designate, in the South African office of international law firm Baker McKenzie on key issues regarding merger control in WAEMU

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

The West African Economic and Monetary Union (Union Economique et Monétaire Ouest Africaine, WAEMU) is a regional bloc of eight states with a dedicated merger control framework under Directive 02/2002/CM/UEMOA. Merger control falls solely within WAEMU’s remit across these territories. In most member countries, domestic competition bodies supervise the internal market, flag anti-competitive behaviour, and remit applications seeking negative clearance or individual exemptions to the WAEMU Competition Commission. There have been no changes to the regime, none are foreseen over the next year, and there are currently no ‘hot’ merger control issues in WAEMU.

Members:

  • Benin
  • Burkina Faso
  • Côte d'Ivoire
  • Guinée Bissau
  • Mali
  • Niger
  • Senegal
  • Togo

2. Under law, is...

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Web page updated on 22/05/2026

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