A company forced out of a market by a price-fixing agreement, a distributor subjected to unequal conditions, a competitor sidelined by State aid: a complaint is the means by which such situations come to the attention of the Competition Directorate. It is open to any natural or legal person.

What you can report

Who can lodge a complaint

Any natural or legal person. Directive No. 02/2002/CM/UEMOA expressly requires national competition bodies to receive complaints from natural or legal persons and forward them to the Commission. The e-Soumissions portal opens this route online and involves the relevant national body as soon as the complaint is lodged.

How the procedure works

1. Lodging the complaint

   You set out the facts, identify the undertakings or authorities complained against, specify the markets and territories concerned and attach the evidence available to you. You receive a time-stamped acknowledgement of receipt.

2. Admissibility review time limit to be confirmed

   The Directorate checks that the facts fall within Community competition law and the Commission’s jurisdiction — in particular where the practice is likely to have an effect on trade between Member States.

3. Investigation

   The Commission may conduct the investigation itself or expressly mandate the competent national competition body. Authorised officials receive their mandate by decision of the President of the Commission and take an oath before the Court of Justice of the Union. National bodies assist the Commission’s officials when the Commission conducts investigations itself.

4. Adversarial examination of the case

   The Investigations and Litigation Division examines the case. The undertakings complained against are informed of the objections and given the opportunity to submit their observations. The Commission sends the national bodies copies of the most important requests, notifications and documents.

5. Opinion of the Advisory Committee on Competition

   The Committee gives its opinion on any draft decision concerning the finding and termination of infringements and on financial penalties, before the decision is adopted.

6. Commission decision

   The Commission finds whether or not there has been an infringement, may order it to be brought to an end and may impose financial penalties. The decision may be appealed before the WAEMU Court of Justice.

The complaint form

The online procedure has several steps. Each step can be saved and resumed later; the file is only sent to the Directorate when you confirm submission.

Please enable JavaScript in your browser to complete this form.

- Step 1 of 8

1. BEFORE YOU START

This online procedure allows you to report an anti-competitive agreement, an abuse of a dominant position, State aid or a State measure that distorts competition to the Competition Directorate of the WAEMU Commission.

What you need to know. The information given in this form must be accurate and complete. Supporting documents may be originals or copies; in the latter case, you must certify that they are true and complete. Examination of the file only begins once all the required information has been received. If the file is incomplete, the Directorate will inform you and ask you to complete it.

Confidentiality. The Commission is bound not to disclose information that comes to its knowledge and that, by its nature, is covered by professional secrecy. At the last step, you will identify the information covered by business secrecy and, where the procedure so requires, attach a non-confidential version for consulted third parties.

Data protection *

• I have read the data protection policy of the WAEMU Commission and accept its terms.

Accuracy of information *

• I certify that the information I am about to provide is accurate and complete, and that the attached documents are true copies of the originals.

Next

2. COMPLAINANT'S IDENTITY

Identity of the natural or legal person lodging the complaint with the Directorate and, where applicable, of their representative. This information determines who receives the acknowledgement of receipt and procedural documents.

You are acting as *— Select —Competing undertakingCustomer or supplierTrade associationConsumer associationLawyer or legal adviserPublic administration or national competition bodyPrivate individualOther

Member State concerned *— Select —BeninBurkina FasoCôte d'IvoireGuinea-BissauMaliNigerSenegalTogoOutside the Union

Full name of the complainant or authorised representative *

Email address *

The acknowledgement of receipt and any requests from the Directorate will be sent to this address.

Telephone

Description of the business and sector *

If the complaint is submitted jointly with other natural or legal persons, please identify them

Written proof of the representative's authority

Click or drag files to this area to upload. You can upload up to 99 files.

To be attached if you are acting on behalf of the complainant: mandate, power of attorney or delegation of signature establishing the signatory's authority to act on their behalf. PDF, DOCX, XLSX or ZIP — 25 MB maximum per file.

Next

3. PARTIES COMPLAINED AGAINST

Identify the undertakings or authorities whose conduct is being reported.

Names of the undertakings complained against *

Address or location

Website

Other known contact details

Nature and scope of their activities *

Is a public authority or a Member State being complained against? *

• Yes
• No

Article 6 of Regulation No. 02/2002 prohibits Member States from taking any measure that obstructs the application of the common rules.

If so, specify the authority and the measure concerned

Next

4. THE FACTS

A complaint that merely alleges unfair conduct without identifying the products, territories, period and undertakings concerned does not allow an investigation to be opened. Give dates, figures and names.

Nature of the practice reported *— Select —Anti-competitive agreement — Article 88(a) of the TreatyAbuse of a dominant position — Article 88(b) of the TreatyConcentration — Article 4 of Regulation No. 02/2002State aid — Article 88(c) of the TreatyState measure — Article 6 of Regulation No. 02/2002I don't know

Business sector concerned *

Member States where the practice has effects

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

Period concerned *

Statement of facts *

Products or services affected *

How is the practice likely to affect trade between Member States?

The Commission has exclusive jurisdiction over practices likely to have an effect on trade between Member States.

Next

5. EFFECTS AND EVIDENCE

Describe the harm you are suffering and attach the evidence available to you.

How does the practice affect your competitive position or that of the persons you represent? *

Harm suffered and quantified information

Evidence *

Click or drag files to this area to upload. You can upload up to 99 files.

Correspondence, contracts, price lists, invoices, tenders, official reports, press articles. PDF, DOCX, XLSX or ZIP — 25 MB maximum per file.

List and description of the attached documents *

Other persons who may testify or be affected

Do you wish to request interim measures? *

• Yes
• No

If so, explain the urgency and the alleged harm that would be difficult to repair

Next

6. PARALLEL PROCEEDINGS

Report any other proceedings concerning the same facts: this determines how the investigation is coordinated.

Have you referred the matter to the national competition body of your State? *

• Yes
• No
• Planned

Directive No. 02/2002 requires national bodies to receive complaints from natural or legal persons and forward them to the Commission.

Have you referred the matter to another competition authority? *

• Yes
• No

Specify the authorities approached, the dates and the current status

Are court proceedings pending on the same facts?

Compensation for harm. Proceedings before the Commission seek to establish the infringement, order it to be brought to an end and, where appropriate, impose penalties. Compensation for harm is a matter for the national courts.

Next

7. SIGNATURE AND SUBMISSION

Last step before the file is sent to the Directorate. Submission constitutes a commitment to the accuracy and completeness of the information provided.

Name of authorised signatory (in capitals) *

Position *

Entity on whose behalf the file is submitted *

Date *

Confidentiality and non-confidential version. Identify precisely below the passages and documents whose disclosure would expose you, giving reasons for each alleged harm. A confidentiality claim covering the entire file prevents the adversarial procedure from taking place.

Information covered by business secrecy

Non-confidential version of the file

Click or drag files to this area to upload. You can upload up to 99 files.

Redacted version for third parties consulted during the investigation. PDF, DOCX, XLSX or ZIP — 25 MB maximum per file.

Next

SUMMARY

Check the information entered before submitting. Submission triggers a time-stamped acknowledgement of receipt bearing your file number.

Updating preview…

This is a preview of your submission. It has not been submitted yet! Please take a moment to check your information. You can also go back to make changes.

Previous

Submit the file