Merger control in the WAEMU region

This book examines the issue of merger control within the WAEMU region. Building on an analysis of the legal framework governing the Union’s competition system, it adopts a distinctive approach: the choice has been made to analyse merger transactions in conjunction with practices involving the abuse of a dominant position. The examination of this distinctive feature of UEMOA law-which involves assessing business mergers from the perspective of the abuse of a dominant position-prompts us to reflect on the reasons behind such an approach. In order to better account for the originality of the UEMOA competition system, reference is made to European law (UEMOA’s right of influence) and to Community law in the rest of sub-Saharan Africa (CEMAC, ECOWAS, OHADA). Similarly, the study examines the institutional, functional and organisational framework, as well as the extent to which the economic and social context of the WAEMU countries has adapted to this atypical approach. It also highlights the limitations of such a combination, which may give rise to conceptual and practical confusion.