ECOWAS Merger Control And Domestic Regimes. The Nigerian Perspective.

In October 2024, the regional merger control regime for the Economic Community of West African States (ECOWAS) came into effect. Since than the ECOWAS Regional Competition Authority (ERCA) accepts filings (for an overview of the new regime see our client brief on the new ECOWAS merger control regime). One question that arose with the ECOWAS regime entering into force concerns the relationship between the ECOWAS regional regime and domestic merger control regimes of ECOWAS Member States. Specifically, whether filings under the domestic regimes are still required, if a filing is made under the ECOWAS regime. The ERCA Executive Director has taken the position that ERCA has superseding jurisdiction where the ECOWAS thresholds are met. While the issue has not been forced yet, domestic enforcers such as the Nigerian Federal Competition and Consumer Protection Commission (FCCPC) have indicated that they take the opposite view and consider themselves competent to review