Benin: Implementing Regulation No. 1/01/24 comes into effect in ECOWAS

On 1 January 2024, the Implementing Regulation No. 1/01/24 concerning the ECOWAS Regional Competition Authority's (ERCA) procedural regulations on merger thresholds became effective. This regulation establishes criteria for mergers where parties are active in a minimum of two ECOWAS Member States, provided that the transaction surpasses specified economic thresholds: a combined turnover exceeding UA 20 million or individual turnovers exceeding UA 5 million. Once notified, transactions must await ERCA authorisation before proceeding, as the regulatory framework imposes a suspensive condition. The ERCA Executive Director has up to 60 working days to recommend approval or denial, extendable by 30 days if further data is necessary, a decision then reviewed by the ERCA Council.