Public Interest Considerations In ECOWAS Merger Control

The ECOWAS merger control regime vests the ERCA Council with the discretion to approve otherwise anti-competitive transactions where a clear and demonstrable public interest exists in the transaction—a power that is analytically distinct from the competition assessment and carries significant strategic implications for parties transacting in the region. The public interest concept under the ECOWAS regulations serves as a corrective element in the merger control process.

The Economic Community of West African States (ECOWAS), currently comprising twelve Member States following the formal withdrawal of Burkina Faso, Mali, and Niger in early 2025, introduced a supranational merger control regime that became fully operational in October 2024 with the swearing-in of the ECOWAS Regional Competition Authority (ERCA) Council before the ECOWAS Court of Justice. The legal architecture governing merger control within the common market rests on Supplementary Act A/SA.1/12/08 adopting the