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One directorate, two divisions, a Community mandate
Knowing who does what is not an administrative detail: it is what tells a company which department to send a notification to, and lets a national body identify its counterpart for a joint investigation.
Competition governance in the Union
The Council of Ministers
Adopts by regulation, on a proposal from the Commission and by a two-thirds majority, the provisions needed to apply the prohibitions in Article 88 of the Treaty, as well as fines and periodic penalty payments.
The UEMOA Commission
Responsible for applying the competition rules, with decision-making power. It exercises this competence through the Department of the Regional Market and Cooperation, to which the Competition Directorate belongs.
The UEMOA Court of Justice
Reviews the Commission’s application of the competition rules, rules on the legality of its decisions and ensures the uniform interpretation of Community law. Mandated investigators take their oath before the Court.
The Directorate’s place within the Department
Under Article 1 of Decision No. 438/2017/PCOM/UEMOA, the Department of the Regional Market and Cooperation comprises, in addition to the Commissioner’s office, four directorates and one unit:
| Unit | Area of responsibility |
|---|---|
| Customs Union and Free Movement Directorate | Common external tariff, customs regimes, free movement |
| Trade Directorate | Trade negotiations, promotion of intra-Community trade, trade policy |
| Competition Directorate | Common competition rules, control of practices and public aid |
| Cooperation Directorate | Cooperation strategy, agreements and programmes, mobilisation of external resources |
| European Development Fund Management Unit | Appraisal and monitoring of EDF funding |
The Directorate is headed by a Director, who is responsible for the proper functioning of its services. In this capacity, the Director guides and coordinates their activities and initiates investigations into referred cases, studies, draft texts and programmes falling within the Directorate’s remit.
The two divisions
Investigations and Litigation Division
- Control of anti-competitive practices by undertakings and Member States;
- merger control;
- assessing the compatibility of public aid with the objectives of the common market, and controlling public aid;
- conducting investigation procedures in contentious cases.
Legislation and Competition Case Monitoring Division
- Drafting implementing texts for Community competition legislation;
- assessing any draft national or Community legislation likely to affect competition within the Union;
- keeping the competition and public aid registers;
- monitoring competition cases;
- designing and implementing capacity-building activities;
- promoting intellectual property;
- cooperating with foreign competition authorities and specialised international organisations.
Which division should I contact?
A complaint, a merger notification or an application for negative clearance falls under investigation and is handled by the Investigations and Litigation Division. A question on how a text should be interpreted, a request for information or a consultation on draft legislation is handled by the Legislation and Competition Case Monitoring Division. If in doubt, the e-Soumissions portal automatically routes your submission to the competent department.
Sworn investigators
Under Article 90 of the Treaty, the Commission has the power to take decisions in carrying out its task of applying the competition rules. The inspection powers of officials mandated to visit undertakings are set by Regulation No. 03/2002/CM/UEMOA (text to be provided). In practice, these officials are mandated by decision of the President of the Commission and take an oath before the Union’s Court of Justice before taking up their duties. They are bound by professional secrecy, as are the members of the Advisory Committee on Competition, who are subject to the same obligations.
The leadership team
Abdoulaye Diop
President of the UEMOA Commission
Filiga Michel Sawadogo
Commissioner in charge of the Department of the Regional Market and Cooperation
Mélaine Cohou Tchokponhoue
Director of Competition
A case to submit to the Directorate?
The e-Soumissions portal routes each submission to the competent division and gives you a time-stamped acknowledgement of receipt.
