The ECOWAS Merger Control Regime Enters Into Force

After a slow implementation phase the regional merger control regime for the Economic Community of West African States (ECOWAS) came into effect in October 2024. In early October key officials of the ECOWAS Regional Competition Authority (ERCA) were sworn in. This client brief considers the implications for parties contemplating transactions with connection to the ECOWAS region.

The implementation of the ECOWAS merger control regime has been stagnating for some time. First steps were taken in May 2019, when the ECOWAS introduced the Competition Rules Act that included a supra-national competition regime for the ECOWAS region and set up the ERCA as a regional competition authority. After this initial move we did not see any movement until early 2023, when the ECOWAS authorities implemented supplementary regulations providing detail and filling gaps in the Competition Rules Act. In addition, drafts for manual of procedures, forms, and templates for the ECOWAS merger