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Please describe any new amendments or guidelines relating to the competition legislation in your jurisdiction that have been proposed or enacted.

Since 2019, no new amendments or guidelines relating to the national competition legislation has been proposed or enacted. In 2019, Ordinance no. 2019-389 dated 8 May 2019 amended Ordinance no. 2013-662 dated 20 September 2013, which is the basis of the national competition legislation. Article 3 of the Ordinance no. 2013-662 has been clarified, and states that the Government may regulate the prices of goods and services of primary necessity or mass consumption products, after consultation of the National Competition Commission (“Competition Commission”), in the event of excessive price increases resulting from an exceptional crisis situation or a manifestly abnormal functioning of the market of a good or service.

The Government may also, on the basis of proposals resulting from consultations between the State and the economic operators concerned, and after consultation of the Competition Commission, fix, cap or approve by decree price margins for goods and services in the following cases, namely (i) stabilisation of price levels for basic and consumer goods and services in the event of a significant market disturbance; and (ii) guard against speculation, in all its forms, with a view to preserving the consumer’s purchasing power.. The measures taken in this context may not exceed six months and are not renewable.

Côte d’Ivoire is a member of the WAEMU and ECOWAS, both of which have a competition law regime.

However, although the ECOWAS has enacted regional competition legislation (the ECOWAS Supplementary Act on Competition Rules prohibiting anti-competitive business conduct which prevents, restricts or distorts competition within the common market of ECOWAS), these rules have not been applied to date. In fact, the application of these rules could raise conflicts of jurisdiction between the two regional organisations.

Accordingly, activities in Côte d’Ivoire must be assessed by reference to WAEMU. The WAEMU Commission has exclusive jurisdiction in relation to certain competition law related matters (e.g., merger control) within its Member States.

No new amendments or guidelines relating to the WAEMU competition legislation has been proposed or enacted neither.

To the extent that there are any market inquiry provisions in your jurisdiction, has the competition authority initiated or are there any plans to initiate any market inquiries in relation to any sector/industry? If so, kindly indicate these sectors/industries.

The Competition Commission has not initiated any market inquiries in relation to any sector.

Has the competition authority publicly expressed concern in relation to any industry/sector? If so, kindly indicate these sectors/industries.

No. The Competition Commission has not publicly expressed concern in relation to any industry or sector.

Has the competition authority identified any specific sectors as strategic or key sectors for purposes of competition law enforcement? If so, kindly indicate these sectors/industries.

No.

Are dawn raids by the competition authority a high risk in your jurisdiction? Please provide as much information as possible about dawn raids conducted by the competition authority.

The risk of dawn raids by the Competition Commission is moderate to low, as is the risk of dawn raids by the WAEMU Commission. There is no publicly available information regarding any dawn raids conducted by the Competition Commission or the WAEMU Commission. 

Has the competition authority introduced new regulations or measures related to competition enforcement in response to the COVID-19 pandemic?

No.

Has the competition authority taken action against any entities for infringing competition legislation during the COVID-19 pandemic?

No.

Has the competition authority been proactive in addressing pricing practices of firms through, for example, reaching settlement agreements with firms to cap prices of products / services since? If so, please provide details.

No.

Has the competition authority adopted any new regulations or measures that will apply to firms that are active in the digital market space? If so, please provide details.

No.

Has the competition authority identified industries / markets / sectors that it considers to be concentrated? If so, please provide details.

No.